- There have been recent changes to the Post Determination Refugee Claimants in Canada Class (PDRCC) instituting a rigid fifteen day deadline for application;
- The PDRCC review process will be simultaneous with the judicial review process before the Federal Court and as such is a duplication of cost and expense which may not be necessary if the judicial review is successful;
- It is onerous for counsel to do both the judicial review and the PDRCC submissions at the same time, which may result in a reduction in quality of representation;
- Changes in country conditions may occur after the PDRCC decision is made and before deportation, putting the applicant at risk if returned to his/her country of origin;
Therefore be it resolved
That that the CCR urge that:
- The PDRCC review be applied to all rejected refugee claimants whether they apply for it or not;
- The PDRCC review be done shortly before removal, rather than after a negative CRDD decision or after a negative Federal Court decision;
- The PDRCC decisions be made under the auspices of the Immigration and Refugee Board, instead of by Citizenship and Immigration Canada, and by qualified personnel with expertise in specific country conditions and international human rights standards and standards of procedural fairness.
- People with criminal convictions not be excluded from consideration for the PDRCC as it is against Canada's international obligations, and specifically against Canada's obligations as a signatory to the United Nations Convention Against Torture.