they are not deprived of education and other basic needs.
2001-03
Backgrounder # 5
A Fair, Faster, More Effective Refugee
Determination Process
Front-end security screening of all refugee claimants
In the current system, security and background checks are initiated only once an
individual has had a refugee claim accepted and has applied for permanent resident
status. In the new system, security screening will be initiated for all claimants at
the time the claim is submitted. Greater coordination between domestic and
international agencies will improve the timeliness of security information.
Faster referrals to the Immigration and Refugee Board (IRB)
The legislation will speed up this process by clarifying grounds of eligibility and
automatically referring all eligible claims to the IRB within 3 working days.
Consolidated assessment of protection grounds at the IRB
Currently, assessment of the grounds for protection is handled in several stages,
one at the IRB and the others at Citizenship and Immigration (CIC). The new
system will consolidate these grounds in one risk assessment during a single
hearing process at the IRB. The grounds for assessment of risk are: Geneva
Convention on Refugees, risk of torture (Convention Against Torture), and risk to
life and/or cruel and unusual punishment. These grounds are not new; they are
merely being brought together from several current steps into one.
Use of single-member panels as the norm at the IRB
Currently, two-member panels hear refugee cases at the IRB, and in the majority of
cases the decisions are unanimous. The process will be made more efficient by
the use of single-member panels as the norm.
Greater use of Ministerial interventions
The Minister (by delegated authority to her officials) will have the right to intervene
at IRB hearings to present security information or other data pertinent to the case.
Greater coordination between domestic and international agencies will improve the
timeliness and accuracy of information.
Paper review on merit to be introduced
To ensure consistency in decision-making and fairness to all refugee claimants, a
paper review on merit may be conducted by a division of the IRB. This step is
intended to ensure fairness and reduce the number of protracted applications for
leave for judicial review by the Federal Court.
Pre-Removal Risk Assessment (PRRA)
In keeping with Canada's international commitment not to repatriate people who
would face risk upon return, the Pre-Removal Risk Assessment (PRRA) will be
provided on the same consolidated protection grounds, and coordinated with CIC
removal priorities. Pursuant to the Geneva Convention, serious criminals, security
risks, and members of organized crime groups will be excluded from consideration
of refugee protection grounds. Their PRRA will be limited to risk of torture and cruel
and unusual punishment.
Linking the PRRA and the removal process will allow for expeditious -yet fair -
treatment of all removal cases. This will ensure that no one will be sent to a
situation of risk to life or cruel and unusual punishment in their country of
nationality.
Six month bar on repeat claims