 
Joint Statement on Refugee Appeal Division
World Refugee Day
20 June, 2005
As we mark World Refugee Day 2005, Amnesty International, KAIROS:
Canadian Ecumenical Justice Initiatives and the Canadian Council
for Refugees insist that the Canadian refugee determination system
must include an appeal process to review negative refugee decisions.
An appeal of a quasi-judicial nature, on the merits and conducted
independently, is a necessary element for any fair refugee determination
system.
The appeal on the merits is essential to ensure that refugees
in Canada are treated fairly. The absence of an appeal has been
recognized as a fundamental flaw in the Canadian refugee determination
system by both the Inter-American Commission on Human Rights and
the UN High Commissioner for Refugees.
With the introduction of the Immigration and Refugee Protection
Act in 2001, we welcomed the fact that the new Act established the
Refugee Appeal Division. However, the Refugee Appeal Division has
never been implemented. In passing the Act, Parliament accepted
a certain refugee determination process. Removing the opportunity
to appeal a negative decision significantly alters the Act, is not
in keeping with decisions made by legislators, and does not respect
the democratic process.
The current review mechanisms are inadequate to protect refugees.
Denying refugee claimants the right to an appeal has grave consequences:
it can result in refugees being sent back to face persecution and
even death in their home country.
The Canadian government has continued to fail to enact the provisions
under the Immigration and Refugee Protection Act that would provide
asylum seekers with a full appeal against a decision denying them
refugee status. Canada has a responsibility to protect refugees.
Our current refugee determination process does not conform with
international protection standards. Canada must implement the Refugee
Appeal Division.
Amnesty International
KAIROS: Canadian Ecumenical Justice Initiatives
Canadian Council for Refugees
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