Inland Protection

Decision-making on H&C applications

Resolution number
6
Whereas
  1. H&C applications are the only applications for permanent residence in Canada in which the best interests of the child and the right to family unity are taken into account;
  2. Canada has legal obligations under the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to provide effective remedies to ensure the respect of these rights;
  3. Delays in processing of H&C applications are leading to more and more people being removed from Canada prior to the examination of pending H&C applications;
  4. Under Bill C-11, it is the government’s intention to remove failed claimants very quickly following their refusal;
  5. Bill C-11 provides for fixed timelines for every stage of the refugee process;
Therefore be it resolved

That the CCR advocate for a commitment from CIC to rule on H&C applications within a fixed time frame of four months from the time of filing of the H&C application or, if a removal date is set before that, prior to the scheduled removal date.

Working Group
Inland Protection
Subject
H&C

Referral to services post-eligibility

Resolution number
5
Whereas
  1. Bill C-11 will create very tight timelines;
  2. Claimants will need assistance in understanding and preparing for the process;
Therefore be it resolved

That the CCR call on CIC and CBSA to adopt as a standard operating procedure the referral of claimants to appropriate and willing community agencies, such as an immigrant serving agency or legal aid, in a city or area of choice of the claimant, immediately after eligibility has been determined.

Working Group
Inland Protection
Subject
Port of entry
Resettlement policy
Settlement services
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