Canada Asylum Rules: Proposed Changes to Expedite Deportations

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Key Takeaways:

Canada proposes asylum rule changes to accelerate deportation of rejected applicants, due to rising claim numbers and system strain.
Legal experts express concerns that streamlining could sacrifice asylum seekers’ rights for administrative efficiency.
Government allocates $743.5 million over five years to tackle backlog and enhance asylum claim processing resources.

What Changes Are Being Proposed for Canada’s Asylum Rules?

The Liberal government in Canada has recently proposed amendments aimed at modifying the asylum claim system. Announced two weeks ago in the 2024 federal budget, these changes are set to potentially expedite the deportation of rejected applicants, marking a significant shift amidst an escalating number of asylum claims. The Federal Budget report clearly states, “Budget 2024 proposes to introduce changes to the Immigration and Refugee Protection Act to simplify and streamline the claims process in support of faster decisions and quicker removals.”

Why Is There a Need for Faster Deportations and Streamlined Asylum Claims?

Canada Asylum Rules: Proposed Changes to Expedite Deportations

Canada is currently experiencing a record influx of asylum seekers that is putting immense pressure on various entry points, including airports. With a staggering 46,736 people applying for asylum since March of this year—a 62 percent increase from the same period in 2023—the system is evidently strained. The build-up has resulted in prolonged wait times with the backlog of cases being approximated at 186,000, according to agency reports.

These growing numbers can be partially attributed to the prevailing housing crisis, which has been exacerbated by an increase in temporary immigration. Prime Minister Justin Trudeau expressed concerns earlier this month, highlighting the need for regularization and control over the situation, which he described has “grown at a rate far beyond what Canada has been able to absorb.”

What Does the Immigration Legal Community Think About These Proposed Changes?

While the government’s intention might be to manage the burgeoning numbers efficiently, the legal community views these modifications with cautious skepticism. Immigration and refugee lawyer Chantal Desloges expressed reservations, stating, “Whenever lawyers hear the government say the word ‘streamline’ or make things more efficient, we always know that people’s rights are about to get sacrificed on the altar of administrative efficiency.” This concern underscores the delicate balance between administrative efficacy and the protection of individual rights within the refugee claim process.

How Does the Backlog of Asylum Claims Affect Its Management?

The significant delay in processing and hearing cases isn’t the only problem highlighted by the increasing number of asylum claimants. The Canada Border Services Agency (CBSA) reported considerable difficulties in removing individuals whose claims have been either rejected or withdrawn. As of February this year, over 28,000 active warrants were issued to these failed refugee claimants.

Addressing this issue, Warren Creates, another immigration and refugee lawyer, remarked on the necessity of refining the process: “We as a country need to invest in the refugee determination process so that they get a fair opportunity to have their case [and] their fear understood and a decision made,” he said, emphasizing the need for just removal of those whose cases do not hold under scrutiny.

How Are Additional Resources Being Allocated to Manage the Asylum Claims?

In response to the growing challenges, Ottawa has committed a substantial investment — $743.5 million over the next five years directed towards CBSA, Immigration, Refugees and Citizenship Canada (IRCC), and the Immigration and Refugee Board (IRB). The goal here is to tackle the steeply rising backlog which was not initially anticipated. As Creates informed, “The IRB is resourced to handle 50,000 intaking claims a year,” but faced with 141,000 claims last year alone, there is a clear and urgent need to amplify resources substantially.

Beyond tackling the backlog and expediting deportations, the government has reintroduced visa requirements for Mexican nationals and introduced a cap on international students, recently reducing their allowable work week to 24 hours. Measures like these are part of broader efforts to control and manage both permanent and temporary immigration rates effectively.

For more detailed information on Canada’s immigration process and the recent changes proposed, please visit Immigration, Refugees and Citizenship Canada (IRCC).

In summary, the proposed changes to Canada’s asylum rules to allow for faster deportations and more streamlined processing of rejected applicants are borne out of necessity due to overwhelming increases in asylum claims and resultant systemic pressures. These changes, while aiming to enhance efficiency, are being met with caution by experts concerned about the potential impact on the rights of claimants. As Canada continues to adapt its policies, the balance between efficiency and fairness remains a pivotal aspect of the nation’s approach to handling asylum seekers.

Learn Today:

Asylum Claim System: Refers to the structure and procedures in place for individuals seeking protection as refugees in a foreign country due to fear of persecution in their home country. The system involves the evaluation of claims, decision-making processes, and the provision of legal status to those recognized as refugees.
Deportation: The formal removal of an individual from a country due to various reasons, including visa violations, criminal activities, or denial of asylum claims. Deportations are carried out by immigration authorities to ensure compliance with immigration laws and maintain border security.
Backlog of Cases: Represents the accumulation of pending applications or unresolved legal matters within the immigration system. In the context of asylum claims, a backlog indicates a delay in processing applications, leading to extended waiting periods for individuals seeking refugee status and potential challenges for immigration authorities in managing caseloads.
Refugee Determination Process: The series of steps and assessments conducted by authorities to evaluate the eligibility of individuals seeking asylum or refugee status. This process involves examining claims, gathering evidence, conducting interviews, and making decisions on whether an individual meets the criteria for refugee status under international and national laws.
Immigration and Refugee Board (IRB): An independent administrative tribunal in Canada responsible for making decisions on immigration and refugee matters, including refugee protection claims. The IRB plays a crucial role in assessing and determining the validity of asylum claims, conducting hearings, and ensuring adherence to legal standards in the refugee determination process.

This Article In A Nutshell:

Canada’s proposed asylum rule changes seek faster deportations and streamlined processing due to a surge in claims straining the system. Experts caution against potential impacts on claimants’ rights. Ottawa allocates $743.5 million for managing the backlog, underscoring the need to balance efficiency with fairness in the asylum process.
— By VisaVerge.com

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