Inland Protection

1. Convention refugees have the right to apply for permanent residence;
2. The processing of the application for permanent residence can take a considerable amount of time, during which Convention refugees are not accorded rights to which they are entitled under the 1951 Convention;
3. The lack of these rights causes hardship to Convention refugees and their families;

1. The Inter-American Commission on Human Rights in its report invited Canada to draw on the resources of the OAS human rights system;
2. Training for IRB members in international human rights law is not given by a competent arms-length human rights body;

1. Numerous members of CCR and other refugee advocates have criticized the lack of an effective procedure to deal with complaints about Convention Refugee Determination Division members' and Refugee Claims Officers' behaviour and competence;
2. The complaint procedures and protocols implemented, to date, by the Immigration and Refugee Board have failed to adequately address the concerns of refugees and their advocates;

1. There have been reports of Minister's Representatives' interventions in refugee hearings leading to retraumatization of refugee claimants, especially survivors of torture;
2. There is no Code of Conduct to be observed by the Minister's representative at refugee hearings;
3. There is no adequate accountability mechanism in this respect;

1. Citizenship and Immigration Canada does not consistently provide refugee claimants with interpreters at eligibility interviews;
2. The notes which are produced by Citizenship and Immigration Canada at eligibility interviews are given great weight at hearings before the Convention Refugee Determination Division;
3. The lack of interpretation at an eligibility interview can and does create confusion and misunderstanding between refugee claimants and Citizenship and Immigration Canada officials;

1. There are serious problems with unaccompanied migrant and refugee claimant children entering Canada (e.g. (1) difference between Provinces in assessment, treatment and support; (2) inconsistency with institutions concerned with protection and representation of unaccompanied migrant and refugee claimant children (IRB, detention));
2. Considerable research has been done by UNHCR, Save the Children and other organizations concerned with the rights of children;
3. Canada does not have clear and consistent guidelines and legislation to deal fairly with migrant and refugee claimant children;

1. There have been a series of allegations of racial bias and institutional racism concerning members of the IRB and its personnel;
2. There have been no serious studies of these allegations of racial bias;

1. Citizenship and Immigration Canada maintains a list of countries to which Canada does not generally deport individuals from those countries;
2. A significant number of people from those countries, who are subject to deportation, have now been in Canada for many years and have no avenue to resolve their situation;
3. Living in this limbo situation causes great hardship and suffering, including long term separation from immediate family members;
4. It is very difficult for persons in this situation to be accepted for permanent residence through the Humanitarian and Compassionate stream;
5. This situation will continue to prevail after the implementation of the new Immigration and Refugee Protection Act (Bill C-11);

1. National Detention Standards remain at a draft stage but function as de facto guidelines;
2. It is acknowledged that there are no management oversight boards for detention facilities within the CIC structure and no satisfactory complaint mechanisms;

The Canadian Red Cross is about to sign a Detention Monitoring Agreement to monitor CIC detention facilities;