Syrian Refugee Rejected From IRB Board
“It is our role to provide refuge to the persecuted and downtrodden, to the extent we are able, as we are so proud to have done for more than 40,000 Syrian refugees.”- Minister Chrystia Freeland
Scenario:
An asylum seeker from Syria applies for refugee status in Canada and is rejected. As justification, the Canadian government - specifically the Immigration and Refugee Board - cites threats to security.
Voices of the Canadian Government
“...by embracing multiculturalism and diversity, Canadians are embodying a way of life that works. We can say this in all humility, but also without any false self-effacement: Canadians know about living side-by-side with people of diverse origins and beliefs, whose ancestors hail from the far corners of the globe, in harmony and in peace.”[1]
“...it is not our role to impose our values around the world… No one appointed us the world’s policeman. But it is our role to clearly stand for these rights both in Canada and abroad.” - Minister of Foreign Affairs Chrystia Freeland
… we're always dedicated to securing our borders and making sure that we have an immigration system that has the full confidence of Canadians.[2]
“... to advance the worldwide recognition of the rights of refugees, to facilitate and implement those rights…”[3] - Minister of Immigration, Refugees, and Citizenship Ahmed D. Hussen
Process
The Refugee Determination Process
The process for applying for refugee status is lengthy and highly bureaucratic, and is steeped in security discourse. The UNHCR can initiate the process by designating Canada as a place of resettlement; a representative from the agency begins the application for the claimant, and arranges travel.[6][7] The process officially begins at a point of entry (land border, seaport, or airport) where applicants are interviewed and questioned by a Canadian Border Services Agency (CBSA) officer, or from within Canada at an Immigration and Citizenship (CIC) office.[8] Here, biometric data - fingerprints, digital photos, and even iris scans - are collected in global databases, to be shared with Canadian Security Intelligence Service (CSIS), the Royal Canadian Mounted Police (RCMP) and even Interpol.[9] Once deemed sufficient by the CBSA, applications are referred to the Immigration and Refugee Board (IRB), where further documentation is collected. At this stage, applicants are assigned legal counsel and participate in a series of meetings to collect background information and proof of identity.[10] This documentation is collected primarily with the intent of proving to the IRB that the applicant’s claim is justified, and that they do not pose a threat to the security of Canada. The final step is for the applicant to attend their hearing in front of the Refugee Protection Division (RPD) of the IRB. This is an independent body which adjudicates on whether or not refugee claims are viable and whether or not they warrant approval. Should the RPD reject the application, the applicant may appeal the decision to the Refugee Appeals Division (RAD) of the IRB. The RAD then has the final word on whether the application is refused or approved.
From the description above, it becomes clear that the Canadian refugee application process is long, tedious, and resource-dependent. The current system is most problematic in two major ways: Firstly, the turnover rate for refugee applications is far too long. In some cases, applicants wait sixteen months for a hearing - for those applying within Canada, this is enough time to settle down and begin the integration process, only to be uprooted again by a potential rejection of the application. Secondly, it is overly securitized, to a degree that alienates and further marginalizes refugee populations seeking asylum in a foreign country.[11] The hyper-securitization and militarization of CBSA representatives and other point of entry staff creates a sense of skepticism and mistrust against refugee populations
Issue Areas
Recommendations
The problems described above are, to some extent, natural to the process of refugee vetting. However, they can be mitigated if the government takes steps to re-work the system in one major way: by delegating more responsibility to the provincial governments.
The province of Quebec provides a useful model for the rest of Canada on which to base a new system of refugee administration. The Government-Assisted Refugee (GAR) program gives authority to the federal government and the government of Quebec to respectively process their own refugee applications.[12] Under this process, the government of Quebec can apply its own standards and therefore vet refugees with its own interests in mind (for example, giving French-speaking refugees preference in Quebec). The recommendation is for the federal government to incorporate the other provinces in the same system of delegation. By sharing the administrative workload, the problem of extensive wait times and bureaucratic delays can be mitigated, meaning refugees can more quickly plan for resettlement.
This change will also reduce the risk of over-securitization of the refugee administration process in that it will give asylum seekers increased access to government and legal representatives.[13] This change is well overdue, seeing as 6,596 migrants were reported detained in maximum-security facilities across Canada between 2015 and 2016.[14] In many of these cases, administrative backlog and inadequate access to legal representation is the reason why refugee applicants are detained indefinitely.
With a more efficient system of sharing security information across the provinces, through the already-existing channels of communication, the government can gather information in a centrally organized database. This will encourage more seamless application submissions, as information can travel to and from various IRB locations across Canada, and a decision can be made on the correct route to pursue for each individual applicant. The principal actors, such as the UNHCR, the CBSA, and IRB can streamline their communication process by having access to more hubs of information.
These measures will tackle some of the biggest problems faced today by the Canadian refugee determination system. Over-securitization and lengthy bureaucratic processes are the biggest roadblocks to just and efficient vetting of some of the world’s most vulnerable populations. Delegation of the roles and responsibilities associated with the refugee system is the first step towards removing these roadblocks.
Click Here to see related scenario on border discrimination