prosper in the years ahead," said Minister Caplan.
The bill reintroduces key measures to strengthen the integrity of the refugee
determination system. These include front-end security screening for all claimants,
clearer grounds for detention, fewer appeals and opportunities for judicial review to
delay the removal of serious criminals, and suspension of refugee claims for people
charged with serious crimes until the courts have rendered a decision.
The legislation reaffirms the commitment to faster but fair decisions on refugee
claims by consolidating several current steps and criteria into a single protection
decision to be made by the Immigration and Refugee Board, and by combining the
increased use of single-member panels with an internal paper appeal before the
Board.
In addition, the new bill reintroduces a number of key provisions designed to
expand the admission of workers with the skills that are most acutely needed in
Canada.
The key changes that have emerged from discussions of Bill C-31 and that were
introduced today include:
The inclusion of the definition of permanent resident in the Act;
Provisions within the bill that reinforce the government's commitment to
gender equality and clarify that parents are members of the family class;
An oral appeal hearing for people facing a loss of permanent resident status
for failure to maintain residency;
Improved safeguards for people in need of protection:
unsuccessful repeat refugee claimants will be eligible for a
pre-removal risk assessment (PRRA) if they return to Canada after
six months (as opposed to one year);
discretion for oral PRRA in exceptional circumstances;
protected people whose identities have been established will be
eligible to apply for Canadian refugee travel documents;
The requirement of a warrant to arrest refugees and permanent residents for
any immigration matter.
The principle that children will be detained only as a last resort.
The Minister promised supporting regulations over the coming months, which will
include a strengthened overseas refugee resettlement program, an expanded family
class, new selection criteria to attract more highly skilled and adaptable
independent immigrants, and the creation of an "in-Canada" landing class for
temporary workers, foreign students and spouses already established in Canada
and wishing to stay.
The expanded family class will increase the age at which a dependent child can be
sponsored from under 19 to under 22 and allow spouses and children to apply for
permanent residence from within Canada. The Minister also expressed willingness
to pursue discussions with the provinces over additional ways to expand the family
class.
The new legislation will replace the current Immigration Act, which was first passed
in 1976 and which has been amended more than 30 times. Work on the new
legislation began in 1997 and has evolved through extensive consultations with the
provinces, the territories, the legal community, non-governmental organizations and
the general public.
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