PLAYING THE "REFUGEE" SYSTEM

The article below from Embassy is a very good summary of what is wrong with the current refugee determination system: the problem is on the DEMAND side of the equation, and recent experience has shown that the larger the system gets, the larger the abuses an increase in demand. The number of refugee claims has tripled since the early 1990s and quadrupled since the 1980s due to a several factors which include a policy of not detaining claimants even though their identity may be in question; allowing them to collect social assistance and enjoy medical coverage; failing to enforce deportations after they exhaust their legal remedies; allowing them to make "humanitarian and compassionate grounds" applications after they lose their claims; allowing them to file spousal sponsorship applications for marriages that take place after they make or even lose a claim for refugee status; and failing to enforce deportation orders quickly, losing sight of the claimants whereabouts for years after they lose their claims. Also, allowing claims from countries such as the EU member states (i.e Czech Republic, Hungary, Romania, etc) and even from the US is ludicrous, we need to get away from the notion that Canada is the beacon of all those who have a complaint against their country, even if it is not persecution as defined by the UN Convention on the Status of Refugees. There should be a "Safe Third Country Treaty" with the EU, and Mexicans should be required to obtain a visitors visa to enter Canada to cut the influx of bogus refugees. Finally, inland claims should be abolished, save for extreme circumstances that should be set by government policy as the need arises, such as a military coup in certain country. Able-bodied refugees should be required to work in exchange for welfare, and language classes should be mandatory for them. Finally, refugee protection should be temporary for a probationary period before e residency is granted, and those who commit crimes in Canad during their probation or after landing should be deported despite their refugee status. In summary: the refugee system should not be used to achieve an alternative path to residency.


EMBASSY
Apr. 8, 2009 -

http://embassymag.ca/page/printpage/refugee_funding_shortfalls-4-8-2009

Refugee Funding Shortfalls Could Lead to Two-Tier System

by Lee Berthiaume

Immigration Minister Jason Kenney refuted suggestions the government is inviting such abuse by refusing to increase funding for the IRB to meet increased demand.
Standing in the House of Commons on April 1, Immigration Minister Jason Kenney proudly refuted allegations the government was undermining Canada's immigration and refugee system.


The previous day, Auditor General Sheila Fraser had released a report calling attention to the government's failure to fill the Immigration and Refugee Board with new members and retain old ones.

The result has been a growing backlog of refugee cases—estimated at 65,000 this year—and processing times of up to two years, during which applicants can receive social and medical benefits as they await a decision.

In response, Mr. Kenney noted in the House that the government has been making numerous appointments over the past few months and the IRB is now operating at 95 per cent capacity.

But despite the minister's confidence, IRB documents show the refugee system is in serious trouble.

At current funding levels, even at 100 per cent capacity, the refugee application backlog is expected to continue growing by at least 25,000 applications each year. In fact, Mr. Kenney has confirmed the IRB would need to triple in size to keep up with demand.

Yet the government has no plans to increase the IRB's size or funding and is instead looking to reform the refugee system in ways some believe could be dangerous and immoral.

Policies, Not Money

In 2003, Canada's refugee system was in trouble. The number of unprocessed claims stood at almost 40,000 and the Liberal government was under pressure to act. The following year, however, the controversial Safe Third Country Agreement came into effect, which helped cut in half the number of cases referred to it.

Over the next few years, the backlog started shrinking, reaching a low of about 20,000 cases by the time the Conservatives came to power in January 2006. During that time, the Liberals had started cutting positions at the IRB, a trend that continued under the Tories. The number of members—IRB officials who hear and pass judgment on refugee applications and immigration appeals—dropped from almost 220 in January 2004 to the current 164.

At the same time, the IRB's budget was cut from $136.6 million in 2004/05 to $113.4 for this year, a figure that the government plans to keep constant through 2011/12. Of that, roughly $60 million will go to the Refugee Protection Division, which is responsible for accepting or rejecting refugee applications made within Canada.

The Conservatives' decision in 2007 to revamp the way IRB members are selected. While the reforms were underway, a large number of members saw their terms expire, while new appointments were practically non-existent. In her report, the auditor general noted the vacancy rate was 35 per cent in March 2008, and still at 23 per cent in September.

However, according to the IRB Report on Plans and Priorities, even with all vacancies filled, the board will only be able to finalize 25,000 refugee applications per year.

Yet, it is expecting 50,000 this year, and has made a conservative estimate that rate will remain constant, despite a 25 per cent annual increase in previous years. As a result, the current backlog of 65,000 is expected to grow to 140,000 by 2011/12.

"If intake levels and resource levels remain constant, it is expected that the inventory will continue to grow, even with a full complement of decision-makers," the IRB report reads. "While the IRB will continue to seek opportunities to further increase its productivity, workload pressures...are such that changes to resource levels will be required to return the pending inventory to normal operating levels."

At the same time, processing times are expected to increase, from 14 months in 2007/08 to 22.5 months in 2011/12, during which time applicants will be eligible for social and medical benefits.

In her report, the auditor general wrote: "To prevent abuse of our immigration system, it is important that a refugee claim not be perceived as providing an automatic stay in Canada for a significant period of time.

"Lengthy delays in rendering decisions on unsupported claims therefore have significant cost implications for all levels of government."

Late last month, Immigration Minister Jason Kenney made headlines when he said there was "wide-scale and almost systematic abuse" of the country's refugee system.

In an interview with Embassy last week, he refuted suggestions the government is inviting such abuse by refusing to increase funding for the IRB to meet increased demand. Rather, he said the government is fighting a battle that cannot be won with more money or, more importantly, board members.

"The chairman of the IRB tells me that it would require tripling the size of the IRB to deal with the current backlog," Mr. Kenney said. "That's clearly not an option, particularly during tight fiscal times.

"Let's say we triple the size of the IRB and we process cases faster, but the demand continues to grow, the number of claims continues to grow. That's not a sustainable solution."

At the same time, Mr. Kenney questioned why the government should be dedicating more resources when the number of fraudulent claims is increasing. In the last three years, 55 per cent of refugee claims were rejected or withdrawn.

"Should the Canadian taxpayer be forced to have unlimited increases in funding for processing when the majority of claimants are abusing our system and our generosity," he said. "Or should we find more expeditious ways to process false claims and to remove people from the country. I think the latter is the more responsible solution."

The minister has ordered his staff to come up with new policies and other options to reform the refugee system and "disincentivize" false claimants. He points to the UK as proof such measures can work. After a number of measures were adopted—measures Mr. Kenney says are compliant with British Common and European human rights law—the UK saw claims drop by 300 per cent.

The minister said the review is still at the early stages, and it's too early to rule anything in or out. However, he has shed light on some options he is looking at.

In a speech to the Canadian Council for Refugees in Toronto in November, Mr. Kenney raised the possibility of a two-tier system where applicants from what he called "liberal democracies" like Mexico, Britain and the Czech Republic are treated differently than those from conflict zones or totalitarian societies.

Speaking to Embassy, Mr. Kenney said other countries like the UK have adopted measures that make distinctions between countries of origin. For example, applicants from some countries cannot appeal a rejection.

In addition, there has been word the government is considering detaining applicants until a decision is rendered. Mr. Kenney said there is increased use of detention in the British system, but would not comment further.

No matter what it decides, Mr. Kenney said the government will fulfil its domestic and international obligations, and adhere to decisions made in past court decisions.

"Obviously anything we propose would be compliant with the Charter of Rights and Freedoms and our international obligations," he said, "which would mean we give people a chance to make a claim in Canada, and to consider it in accordance with due process and natural justice."

Resources Desperately Needed

While acknowledging major problems with Canada's refugee system, opposition critics and refugee advocates say the government needs to add resources to have any hope of getting it under control

In addition, they questioned suggestions Canada could treat asylum seekers from some countries differently than others.

"I don't think we want to get into a system where people's rights are not being protected," said Liberal Immigration critic Maurizio Bevilacqua. "There's a right balance. Ninety per cent of Mexicans are rejected. That means 10 per cent are accepted.... If you paint everybody with the same stroke from one country, that's a danger."

Mr. Bevilacqua said improving the system and streamlining it is important, but "we have a government that actually believes the system can be fixed with no further funding. That's highly unlikely.

"The message that the world needs to get from Canada is we are running a very efficient, effective immigration system. Not one that is flawed and weak and full of loopholes."

Janet Dench, executive director of the Canadian Council for Refugees, said it's no surprise to those who work with the system that it is heavily under-resourced and in desperate need of help.

She said the only smart thing to do is increase the number of IRB members and resources for the short-term to get the growing backlog under control—and cut down on fraudulent claims as people try to take advantage of the long processing time.

"We know there are people out there...who say 'This is a good way to go to Canada, work for a few years, even if you don't have a refugee claim,'" she said. "Then you multiply the problem."