Transitional measures

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Resolution number: 
25
December 2001
Whereas: 
  1. A significant number of people refused as Convention Refugees under the present Act may be returning to Canada to make second claims under C-11;
  2. In the past, a high proportion of second claims has been accepted as Convention refugees by the IRB;
  3. C-11 provides for a wider definition of persons needing protection, an appeal on the merits and an improved Pre-Removal Risk Assessment;
  4. There is no article in C-11 dealing with persons refused under the present Act who may be returning to Canada to make a new claim under the enhanced protection provisions of this new Act;
  5. Part 5 of C-11 (Article 201) stipulates that “the Regulations may provide for measures regarding the transition between the former Act and this Act, including measures regarding classes of persons who will be subject in whole or in part to this Act or the former Act....”
Therefore be it resolved: 

That the CCR strongly urge CIC to make provisions in the C-11 Regulations which ensure that persons refused as Convention Refugees under the present Act who return to Canada to make a second claim after C-11 comes into effect will have that claim dealt with as a first claim under C-11.

Working Group: 
Inland Protection