Kenney to name 'safe countries' in refugee system overhaul

Written By Unknown on Jumat, 14 Desember 2012 | 21.16

Immigration Minister Jason Kenney is set to reveal which countries he deems "safe" for the purposes of dealing with refugee claims in Canada.

One day before his omnibus refugee bill, C-31 is to be implemented, Kenney is widely expected to list some countries in Europe and Latin America whose claims the government deems to be largely unfounded or "bogus."

Kenney is expected to make the announcement at a news conference at 9:30 a.m. ET Friday.

Those countries will be on what's called the Designated Country of Origin List.

Refugee claimants from those countries will:

  • Be given less time to prepare their claims before a hearing.
  • Have no opportunity to appeal a negative decision before the new appeal division within the Immigration and Refugee Board.
  • Will have only 45 days until their hearing if they make a claim at the border; 30 days if they make an inland claim.
  • Be subject to much faster removal times once a claim is rejected.
  • Will be allowed to appeal for a judicial review if their claim is rejected, but they could be deported before that.
  • Like all failed claimants will not be allowed to appeal on humanitarian and compassionate grounds, or ask for a pre-removal risk assessment, until one year after their claim is rejected, by which time they would likely be deported.
  • Will not be eligible for basic and emergency health care (other than the treatment of conditions raising public health or safety issues).

According to the new law's wording, countries can be placed on the list if their claims have a rejection rate of at least 75 per cent at the Immigration and Refugee Board of Canada, or a withdrawn and abandoned rate of at least 60 per cent. But Kenney has reserved the right to place any country on the list if he deems the country to be democratic, with an independent judiciary.

Refugee advocates say the new rules will lead to more mistakes in the refugee determination process, and could see people sent back to persecution or even death in their home countries.

They have also criticized the government's and Kenney's use of the term "bogus" to describe claimants such as those from Mexico and Hungary (the latter whose claims are largely made by ethnic Roma) which have produced a spike in claims in recent years.


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