Port of entry

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Resolution number: 
6
June 1997
Whereas: 
  1. Section 44 of the Immigration Act prevents a person from making a claim if they have been issued an exclusion order;
  2. Senior Immigration Officers were given the power to issue exclusion orders under the former Bill C-86;
  3. Some Senior Immigration Officers (SIOs) have not been ensuring that persons concerned are aware that they must claim refugee status or they are ineligible and barred from later making a refugee claim;
  4. Many refugees believe wrongly that they must be admitted to Canada before they can make a refugee claim;
  5. Due to poor interpretation, inadequate or poor explanation or undue pressure persons at risk have been removed or detained;
  6. There have been many incidents such as the recent case of stowaways in Halifax where the SIO appears to have failed to ensure that the applicants knew of their right to claim refugee status;
Therefore be it resolved: 

That the CCR:

  1. Write the Minister and explain how Section 44 is being abused by SIOs and request an amendment to ensure that a person may be able to make a refugee claim even if an exclusion order has been issued;
  2. Write to the Director General of Enforcement, CIC, and demand that he issue guidelines to SIOs that ensure that refugee claimants are cautioned that they must make their claim before they issue an exclusion order and that they make sure that the person concerned has a full and fair opportunity to make an informed decision.

 

Subject: 
Working Group: 
Inland Protection