Guidelines to replace DROC

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Resolution number: 
14
June 1997
Whereas: 
  1. The DROC regulations have been eliminated;
  2. Chapter 1E 9 of the Immigration Manual has been changed to include guidelines dealing with applicants who have not been removed from Canada for a considerable period of time;
  3. The emphasis in the guidelines is placed on economic self-sufficiency by requiring that applicants be successfully established under the criteria used for Illegal De Facto Residents (listed in IE 9.15(3));
  4. These establishment criteria may discriminate against vulnerable groups (such as the elderly, women and children);
  5. Unlike the former DROC regulations, the guideline requiring full cooperation of the applicant with the department places too great an onus on the applicant and too much potential for inconsistent interpretation by the department;
  6. The new guidelines are very restrictive and apply only to those few countries where removals have been suspended or where the applicant has had to go and apply to their government for travel documents and does not include individuals who have just not been removed;
Therefore be it resolved: 

That CCR urge the government to amend the guidelines to:

  1. Ensure that people who through no fault of their own have not achieved economic self-sufficiency but have otherwise become successfully established are not excluded from being accepted for permanent residence;
  2. Clarify that full cooperation means that applicants have done nothing to interfere with their removal;
  3. Delete the reference in paragraph (a)(i) and (ii) of the guidelines to ensure that the policy applies to anyone who has remained in Canada.
Working Group: 
Inland Protection