On 15 December 2012, important changes to Canada’s refugee determination system came into effect. These changes are contained in Bill C-31 which make numerous changes to the Immigration and Refugee Protection Act.
The Canadian Council for Refugees is seriously concerned that the changes to the law create a two-tier system of refugee protection in Canada. It makes refugee protection in Canada dangerously vulnerable to political whims, rather than ensuring a fair and independent decision about who is a refugee. It also includes costly measures to detain refugee claimants. An overview of the CCR's concerns is available here.
Practical information regarding the new refugee determination system
Overview of C-31 refugee determination process (word document)
Diagram - Refugee determination system post-C-31 (PDF)
Chart - Some key timelines in new refugee system (PDF)
Overview: Pre-December 15 cases after Refugee Reform (word document)
See materials at University of Ottawa Refugee Assistance Project
CIC information on Refugee Reform
CIC list of Designated Countries of Origin
IRB information on Refugee Reform
CIC, Forms refugee claimants will need to fill in for eligibility
CIC, Information about making a refugee claim
CIC, List of CIC offices where a refugee claim can be made (with opening hours)
CIC, Operational Bulletin 440-G, Processing of Refugee Claims by CIC under the New Legislation
IRB, Claimant's kit and Basis of Claim form
See also resources for CCR members
The Law:
- Immigration and Refugee Protection Act (now up to date)
- Bill C-31
- Final version of new Refugee Protection Division Rules
- Final version of Refugee Appeal Division Rules
- Final version of Regulations on processing timelines
- Final version of Regulations on stays of removals
- Final version of Regulations on designated foreign nationals
- Notice of designated countries of origin, 15 December 2012
- Notice of groups designated as "irregular arrivals", 15 December 2012
- Compilation of changes in Bill C-31 as amended by committee (prepared by Peter Edelmann)
For CCR members (you must be logged in):
Resources from December 12 webinar (including recording)
Resources from March 19 webinar - updates and RAD (including recording)
IRB powerpoint presentation at CCR Consultation, 28 November
CIC/CBSA powerpoint presentation at CCR Consultation, 28 November
For information about changes to H&C applications (already in effect), see webinar resources
Other resources:
CCR, Concerns about upcoming changes to the refugee determination system, December 2012
CLEO, Refugee Rights in Ontario: Information for front-line workers
FCJ Refugee Centre, presentations from Refugee Forum II (1 Feb. 2013) and other workshop presentations
One-page information sheet explaining risk for refugees of losing permanent residence through cessation, Downtown Legal Services - in English, French and Spanish
CBA Refugee Lawyers Conference Papers
Legal Aid Ontario consultation on services under refugee reform
Refugee Access to Justice Campaign (calling for legal aid for refugees in Ontario)
BC Legal Services Society, Refugee Claim Flow Chart
Also of interest
The Experience of Refugee Claimants at Refugee Hearings at the Immigration and Refugee Board, CCR
Mental Health Systems in Refugee-Producing Countries, Settlement Orientation Services
If you know of other relevant resources that could be linked here, please send an email to jdench [at] ccrweb [dot] ca
CCR comments on Bill C-31 while before Parliament
Media release, Canada Rolls Back Refugee Protection: Bill C-31 receives Royal Assent, 29 June 2012
Comments on amendments to Bill C-31, 16 May 2012
Bill C-31 - Diminishing Refugee Protection: Submission to Standing Committee on Citizenship and Immigration, 25 April 2012
Protecting Refugees from Bill C-31: Joint statement (Does your organization endorse this statement?)
Why Bill C-31 must be withdrawn, one-page summary
Myths and Facts on Bill C-31, 21 March 2012
Bill C-31 Rolls Back Refugee Protection: What you can do, (powerpoint) 1 March 2012
Media release, New bill further undermines refugees, 16 February 2012
Earlier relevant CCR resources
Video: Understanding Bill C-31 and Children in Detention
Myths and Facts 2011, February 2011
Refugee Reform: Weighing The Proposals, booklet, 19 April 2010
What’s in a number? The Hungarian claims, blog entry, 24 April 2010
Lives in the Balance, booklet, May 2009
RESOURCES from other organizations:
Amnesty International Canada, Government's Refugee 'Reform' Bill no longer Balanced, 16 February 2012
Canadian Association of Refugee Lawyers, New Legislation Targets Canadian Permanent Residents, 17 February 2012
Canadian Association of Refugee Lawyers (CARL) Responds to New Refugee Legislation, Bill C-31, 16 February 2012
Canadian Civil Liberties Association (CCLA), Don't Punish Victims - Stop the Anti-refugee Bill
Canadian Civil Liberties Association (CCLA), Despite Strong, Reasonable Opposition, Government Proceeds with Anti-Refugee Bill, 16 February 2012
Other useful resources:
Letter on C-4 from Australian NGOs (Asylum Seeker Resource Centre, Refugee Council of Australia, International Detention Coalition, Human Rights Law Centre, Brigidine’s Asylum Seeker Project, Asylum Seeker Welcome Centre)
Rachel Kronick et al, Mandatory detention of refugee children in Canada: A public health issue?, Paediatrics and Child Health, October 2011
Centre for Refugee Studies, Video stream of panel discussing Bill C-49, 12 November 2010