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Pending cases

Resolution number
12
Whereas
  1. Some countries interpret the Refugee Convention in a narrow and technical manner denying effective protection to refugees;
  2. Canadian visa officers sometimes show too much deference to the decisions of tribunals of other countries which have refused refugee claims which under the Canadian interpretation of the Convention would be accepted;
  3. Canada's visa offices are inconsistent in their efforts to establish meaningful channels of communication with local and Canadian NGOs involved in resettlement;
  4. Canada has failed to put in place meaningful review of negative decisions despite a refusal rate significantly higher than other resettlement countries;
  5. Applicants for resettlement from some countries are deported from those countries despite having applications for resettlement to Canada pending, particularly in light of the frequent long processing times for such applications;
Therefore be it resolved

That the CCR:

  1. Call on the appropriate departments of the Government of Canada to:

     

    a)remind visa offices of the often broader interpretation of the Refugee Convention in Canadian law than that demonstrated by some other countries, particularly with respect to the absence of a requirement for persecution to be at the hands of the state;

    b)ensure that in cases where the applicant does not meet the Convention definition but has a private sponsorship that the relatively broader provisions of the Asylum Class are thoroughly considered;

    c)strengthen and regularize consultation between visa offices and local and Canadian NGOs involved in resettlement;

    d)establish and implement a meaningful review of negative decisions on resettlement cases similar to that recently adopted by US INS;

  2. Call on the Government of Canada to play a prominent role in convincing other governments to interpret the Convention in a broad manner;
  3. Ask the Government of Canada to urge other governments to allow applicants for resettlement in Canada to remain in their countries of asylum pending determination of their applications by Canada.
Subject
Appeal
Overseas processing
Private sponsorship
Working Group
Overseas Protection and Resettlement