
Refugees and a fair appeal process
Contents
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Introduction
There are deep flaws in Canada’s refugee determination system,
and chief among them is the government’s failure to provide
refugee claimants with a basic right available to every Canadian
– the right to appeal a negative decision.
The Immigration and Refugee Protection Act (IRPA), adopted
by Parliament in 2001, provided a Refugee Appeal Division to give
a refused refugee the right to appeal a negative refugee decision.
However, in April 2002, then Minister of Citizenship and Immigration
Denis Coderre announced that the Government had decided not to implement
the Appeal Division. As a result, a single Immigration and Refugee
Board decision-maker now decides whether a person faces persecution
in their home country, a decision on which the person’s very
life and security may depend. There is no right to an appeal on
the merits from this decision.
KAIROS issued several urgent actions on this issue and collected
well over 20 000 signatures on a petition calling for immediate
implementation of the Refugee Appeal Division. MPs from all four
major parties presented petition signatures in the House of Commons
through the spring and summer of 2005. However, the appeal has yet
to be implemented.
The churches continue to add our voice to those of the Canadian
Council for Refugees, Amnesty International, unions and many others
who protect and sponsor refugees. The Canadian people have a history
of compassion for our sisters and brothers who are fleeing persecution.
As citizens, we urgently and respectfully call our government to
account for practices that fail our national and international commitments
to refugees.
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