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Archived Urgent Action
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The lack of an appeal process in Canada’s refugee determination system has been consistently identified by Canadian refugee rights groups as a serious flaw in the system that puts refugees at risk. International organizations such as the United Nations High Commissioner for Refugees (UNHCR) and the Inter-American Commission on Human Rights, have criticized Canada for its failure to fulfill its international legal obligations to provide refused refugee claimants with a merits-based review. |
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- Background Information: Canada-U.S. “Safe Third Country” Agreement is Signed but not yet Implemented
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Recommended Action |
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Please sign and date the letter below or write your own letter using this one as a guide. Return your original letters by May 30 to:
KAIROS
Refugees & Migration Programme
129 St. Clair Ave. West
Toronto, ON, M4V 1N5
Fax: 416-463-5569 or E-mail to: info@kairoscanada.org
KAIROS will deliver the original signed letters to the Minister.
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Sample Letter |
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Hon. Denis Coderre, PC, MP
Minister of Citizenship and Immigration
Ottawa, ON K1A 1L1
Re: A Meaningful Appeal Process for Refugees
Dear Mr. Coderre:
I am writing regarding your decision to delay implementation of the much-overdue right of appeal for refugees provided for in the new Immigration and Refugee Protection Act. I strongly urge you to implement the right of appeal as soon as possible, for the following reasons.
The lack of an appeal process in Canada’s refugee determination system has been consistently identified by Canadian refugee rights groups as a serious flaw in the system that puts refugees at risk. International organizations such as the United Nations High Commissioner for Refugees (UNHCR) and the Inter-American Commission on Human Rights, have criticized Canada for its failure to fulfill its international legal obligations to provide refused refugee claimants with a merits-based review.
Your decision to delay implementation of the appeal is even more disturbing in light of the reduction of the number of adjudicators at a refugee hearing from two to one. Furthermore, the fact that a refugee claimant can now make only one claim in his or her lifetime, makes it almost impossible for mistakes to be corrected. The Federal Court is allowed to intervene only in extreme circumstances, mostly in cases involving procedural mistakes. And the Pre-removal Risk Assessment officers are only permitted to consider new evidence. Taken together, these measures create an unfair situation for people seeking protection in Canada.
I fear for those refugees who are denied protection in Canada by a single decision-maker without the right of appeal. Decision-making in the area of refugee determination is difficult and errors are inevitable. The consequences of a mistake made in a refugee claimant’s case can be grave. The right to appeal a negative decision is essential for individuals who, if denied protection, would face human rights abuses such as torture, or even death, in their homelands.
I understand that in May 2002 you publicly stated that you will have an appeal system in place in one year’s time and that you reiterated that promise in response to a question in the House of Commons on June 6, 2002. I ask that you follow through on your commitment and inform me when the appeal will be implemented.
Sincerely,
Name:
Address:
Signature:
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