Joint
Statement on Refugee Appeal Division
World
Refugee Day June 20, 2005
As
we mark World Refugee Day today, Amnesty International, KAIROS:
Canadian
Ecumenical Justice Initiatives and the Canadian Council for Refugees
insist
that the Canadian refugee determination system must include an appeal
process
to review negative refugee decisions. An appeal of a quasi-judicial
nature, on
the merits and conducted independently, is a necessary element for any
fair
refugee determination system.
The
appeal on the merits is essential to ensure that refugees in Canada are
treated
fairly. The absence of an appeal has been recognized as a fundamental
flaw in
the Canadian refugee determination system by both the Inter-American
Commission
on Human Rights and the UN High Commissioner for Refugees.
With
the passing of the Immigration and Refugee Protection Act in 2001, we welcomed the fact that the new Act
established the Refugee Appeal Division. However, the Refugee Appeal
Division
has never been implemented. In
passing the Act, Parliament accepted a certain refugee determination
process. Removing the right to appeal a
negative decision significantly alters the Act, is not in keeping with
decisions made by legislators, and does not respect the democratic
process.
The current review mechanisms are inadequate to protect refugees. Denying refugee claimants the right to an appeal has grave consequences: it can result in refugees being sent back to face persecution and even torture or death in their home country.
The
Canadian government has continued
to fail to enact the provisions under the Immigration and Refugee
Protection
Act that would provide asylum seekers with a full appeal against a
decision
denying them refugee status. Canada has a responsibility to protect
refugees. Our current refugee
determination process
does not conform with international protection standards.
Canada must implement the Refugee Appeal
Division.
Amnesty
International
KAIROS:
Canadian Ecumenical Justice Initiatives
Canadian
Council for Refugees