February 17, 2012

Proposed Changes to Refugee System

Posted by admin - Bellissimo Law Group PC

Proposed Changes to Refugee System

As CIC moved to implement the Balance Refugee Reform Act, they realized further changes were needed.

Various objectives of the proposed changes:

A) To accelerate processing and decision making

– Streamline the front end: therefore no more interviews as per Balanced Act but paper based presentation

– Delays back to short timelines, something we opposed and was negotiated to obtain a consensus, namely

Designated country of origin (DCO) applicants at point of entry: 45 days
DCO applicants requesting inland: 30 days
non DCO: 60 days (instead of 105)
Refugee Appeal Division (RAD) decision: 90 days (instead of 120)

– Designated country of origin (DCO): criteria will be in legislation but the Minister decides

– No access to Refugee Appeal Division (RAD) for certain applicants

B) To limit access to post-claim recourses

– No access to H&C during 1 year for failed claimants

– No concurrent filing of H&C and refugee allowed (one must choose)

– Streamlining of PRAA process

C) Accelerate removal

– Some applicants would have no automatic deferral of removal when appealing therefore they could be removed even when appealing

– CBSA will increase the scope of the pilot project for voluntary departure

D) Limiting access to the refugee determination process

– Serious criminality would bar access

– If a protected person looses the protected person status, they would automatically loose permanent resident status, instead of the current 2 step process

E) Removing incentives to abuse the system

– Claimants from DCO will not be eligible to have a work permit while application is pending, unless 180 days has gone by without a decision (or claim approved)