Bill C-31: Protecting Canada's Immigration System Act Overview

1. Bill C-31, Protecting Canada’s Immigration System Act

2. Overview Today’s presentation will: • Provide an overview of Bill C-31, Protecting the Integrity of Canada’s Immigration System Act, as it relates to the reforms of Canada’s asylum system, human smuggling and biometrics. • Current status: Bill C-31 was tabled in the House of Commons on February 16th, 2012. It was recently adopted by the Standing Committee on Citizenship and Immigration. The Bill is expected to be referred to the Senate shortly. • The end of the presentation will provide an update on broader CIC initiatives resulting from Federal Budget 2012. 2

3. Why reform the system? • While recognized for its fairness, Canada’s asylum system is strained. • The system is slow: • There is a significant backlog of cases at the IRB – currently just under 40,000 claims are pending. • People in genuine need of protection currently wait about 19 months for a protection decision – this is unfair. • This is also too slow for people not in need of protection – the longer they wait for a decision, the greater the cost to Canadian taxpayers. • The system is complex and vulnerable to abuse: • Failed claimants have access to multiple layers of recourse and appeal. • The result is delays in removal from Canada; it takes an average 4.5 years from the initial claim until removal of a failed asylum claimant, and can even take more than 10 years. • Delays in decisions on asylum claims can leave the system open to abuse. 3

4. Guiding Principles • Reforms will continue to be guided by the following principles: • All eligible refugee claimants, regardless of their country of origin, will continue to have their claim heard by the independent IRB. • Canada will continue to meet its international and domestic obligations. • All individuals determined to be ineligible to make a claim due to serious criminal acts, war crimes, crimes against humanity, terrorism or genocide, will continue to be excluded from the asylum system. 4

5. First Reform: The Balanced Refugee Reform Act • The Balanced Refugee Reform Act was introduced in spring 2010, and received Royal Assent in June 2010. The Act introduced a number of improvements to the system. • However, as we moved toward implementing the first set of reforms to the refugee system, we have come to the conclusion that further reforms are needed, particularly given the increase in refugee claims from countries that would not normally be considered as refugee-producing. • For example, there has recently been an increase in the number of asylum claims from European countries. • Canada receives more asylum claims from Europe than from Africa or Asia. 5

6. Bill C-31: Proposed Changes to Canada’s Asylum System To further expedite processing and decisions: 1. Front-end processing timelines would be shortened • Upon eligibility, hearings would be held within 30 days for inland Designated Country of Origin (DCO) claimants, 45 days for DCO claimants at ports of entry, and 60 days for non-DCO claimants. • The information-gathering interview would be replaced by a short basis of claim form. 2. No access to the new Refugee Appeal Division (RAD) for the following individuals: • Claimants from DCOs; • Claimants who fall under an exception to the Safe Third Country Agreement; • Claimants whose claims have been determined to be manifestly unfounded or with no credible basis; • Claimants whose claims were referred to the IRB prior to the coming into force of the new system; and • Claimants who arrive as part of a designated irregular arrival. 3. The DCO policy would be amended, allowing more flexibility to designate countries to expedite processing of claimants coming from countries that are generally considered to be non-refugee producing • We propose to amend what criteria would trigger a review for possible designation. The triggers for review would be either quantitative or qualitative. • Recommendations on designations would stem from an assessment of country conditions in consultation with key government partners. • All eligible DCO claimants would still have their claim heard by the independent IRB. 6

7. Bill C-31: Proposed Changes to Canada’s Asylum System DCO Designation Process • Trigger for a Country Review: A country being reviewed for possible designation would have to meet one of two criteria. i) Quantitative trigger (Ministerial Order): • 75% rejection rate (includes withdrawn and abandoned claims), or 60% withdrawn/abandonment rate, based on a minimum number of 30 finalized claims. ii) Qualitative (Legislation): If the minimum number of claims is not met, qualitative criteria include, • Presence of an independent judicial system; • Basic democratic rights and freedoms are recognized and options for redress are available if those rights or freedoms are infringed; and • Civil society organizations exist • 9 Criteria for Country Review - Human Rights and State Protection Mechanisms 1) Democratic Governance; 2) Protection of Right to Liberty and Security of the Person; 3) Freedom of Opinion and Expression; 4) Freedom of Religion and Association; 5) Freedom From Discrimination: Protection of Rights for Groups At-Risk; 6) Protection from Non-State Actors; 7) Access to Impartial Investigations; 8) Access to Independent Judiciary; 9) Access to Redress

8. Bill C-31: Proposed Changes to Canada’s Asylum System To limit post-claim recourses: • Streamline and improve the Pre-removal Risk Assessment (PRRA) process by: • Applying a 1-year bar on accessing a pre-removal risk assessment (PRRA) from the last substantive decision on the claim or on an application for protection retroactively upon Royal Assent. Once the new asylum system comes into force, the bar would be extended to three years for DCO claimants. • Change access to Humanitarian and Compassionate consideration (H&C): • Claimants waiting for an IRB decision cannot apply for H&C concurrently; and • Failed refugee claimants cannot apply for H&C for one year following a final negative refugee decision from the IRB. • Exceptions would be made for applications involving the best interests of a child or risk to life due to serious medical issues. 8

9. Bill C-31: Proposed Changes to Canada’s Asylum System To further expedite removals: 1. Eliminate the automatic stay of removal when filing for judicial review for the following individuals: • Claimants from DCOs; • Claimants under an exception to the Safe Third Country Agreement; • Claimants whose claims have been determined to be manifestly unfounded or with no credible basis; and • Claimants who arrive as part of a designated irregular arrival. • Amend legislation toallow the CBSA to establish in Regulations factors which may or may not be considered when deferring removal. 3. Expand the Assisted Voluntary Return and Reintegration (AVRR) program to increase the number of failed refugee claimants who voluntarily leave Canada. 9

10. Bill C-31: Proposed Changes to Canada’s Asylum System To further improve integrity and deter abuse: • Restrict access to the asylum system for those convicted of serious crimes, and only allow for a PRRA. • No refugee claim hearing for people convicted in Canada of a serious crime punishable by 10 years imprisonment (or convicted outside Canada for an offence that would have been punishable by 10 years imprisonment, if committed in Canada). • However, they would have access to a Pre-Removal Risk Assessment (PRRA). • This is consistent with our international obligations. • Prevent the re-opening of decisions at the IRB if a final decision has been made at a higher level (RAD or Federal Court). • Automatic loss of permanent resident status following the loss of protected person status, except where the initial reasons for the acquisition of refugee status have ceased to exist, as amended during Standing Committee consideration of the Bill. 4. Refugee claimants from DCOs would be ineligible to apply for a work permit until their claim is accepted by the IRB or until their claim has been in the system for 180 days and no IRB decision has been made. 10

11. Bill C-31: Proposal Related to Human Smuggling Under the Protecting the Integrity of Canada’s Immigration System Act, the government is targeting the lucrative business of human smuggling by: • Enabling the Minister of Public Safety to declare the existence of an irregular arrival, and make those involved subject to the Act’s measures; • Making it easier to prosecute human smugglers; • Imposing mandatory minimum prison sentences on convicted smugglers; and • Holding ship owners and operators to account for use of their ships in human smuggling operations. 11

12. Bill C-31: Proposals Related to Human Smuggling Under the Act, the government is ensuring the safety and security of our streets and communities by: • Establishing the detention of designated foreign nationals 16 years or older with the first detention review occurring within 14 days and each subsequent review occurring no sooner than 180 days thereafter. • Allows for the determination of identity, admissibility and illegal activity. • Minors under the age of 16 would be exempt.  • As amended during Standing Committee consideration of the Bill, the first detention review would occur within 14 days, with each subsequent review occurring no sooner than 180 days thereafter. • As well, the Minister of Public Safety would be able to release individuals if grounds for detention no longer exist. • A provision exists that would allow individuals to apply to the Minister of Public Safety for early release from mandatory detention. • An individual may be released if, in the Minister’s opinion, exceptional circumstances (i.e. vulnerable persons) warrant the release. 12

13. Bill C-31: Proposals Related to Human Smuggling Furthermore, the government is also reducing the attraction of coming to Canada by way of an illegal human smuggling operation by: • Ensuring the health benefits participants receive are not more generous than those received by the Canadian public. • Preventing those who come to Canada as part of a designated irregular arrival from applying for permanent resident status for a period of 5 years. Should they successfully obtain refugee status, they would not be able to sponsor family members for 5 years. • Enhancing the ability to terminate the protected person status of those who return to their country of origin or demonstrate in other ways that they are not in legitimate need of Canada’s protection. 13

14. Bill C-31: Proposals Related to Biometrics • This new legislation would give CIC the legal authority to require biometrics (fingerprints and in-person photographs) on a systematic basis from applicants for visitor visas, work permits and study permits. • Biometrics would provide greater certainty in identifying travellers – more certainty than documents that can be forged or stolen. • This new tool would help protect the integrity of Canada’s immigration system by preventing known criminals, previous refugee claimants and deportees from using a different identity to obtain a visa. • It would also bolster existing measures to facilitate legitimate travel by providing a fast and reliable tool for confirming identity. • Aligns with our commitments under the Canada-US Perimeter Security and Economic Competitiveness Action Plan announced in December 2011. 14

15. Bill C-31: Proposed Measures related to biometrics • Specifically, the legislative amendments would allow the Government to: • set in regulations which foreign nationals must provide biometrics and the procedures they must follow; • provide exemptions to those requirements in regulations (for example, for children, the elderly or diplomats); • facilitate the use of biometric information, including for Canadian law enforcement. 15

16. Conclusion • To summarize, the changes in the proposed Protecting Canada’s Immigration System Act would result in: • A balanced refugee system that delivers faster decisions and deters abuse by those who do not need protection. • A fair system that provides quick protection to those who need it and timely removals of failed asylum claimants. • Measures that would address human smuggling and irregular arrivals. • Requiring biometrics to prevent known criminals, deportees and previous refugee claimants from using a different identity to obtain a visa. 16

17. Federal Budget 2012 - Overview • On March 29, 2012, the Government of Canada released its Budget for 2012 – Economic Action Plan 2012 on Jobs, Growth and Long-Term Prosperity – focusing on long-term growth, job creation and innovation, while remaining focused on returning to balanced budgets as the economy recovers from global financial crisis. • The Budget includes a significant profile for immigration issues: it announces the Government of Canada’s intention to build a fast, flexible economic immigration system, whose primary focus is meeting Canada’s labour-market needs. • The Budget outlines four broad initiatives: • Backlog elimination of the Federal Skilled Worker Program (FSW) by returning fees to applicants who applied before February 27, 2008. • Review of the Temporary Foreign Worker Program (TFWP) to better align it with Canadian labour market needs and ensure that Canadian employers look to domestic labour force before accessing program. • Reform of Provincial Nominee Program (PNP) to ensure economic focus of programs. • Actions to improve speed, efficiency and effectiveness in the management of applications in the immigration system and selection criteria of economic programs.

18. Federal Budget 2012 – Overview (continued) • As part of the Budget, there are three additional legislative amendments to the Immigration and Refugee Protection Act (IRPA): • Strengthen the Ministerial Instructions tool • This would give CIC the ability to retrospectively apply Ministerial Instructions, which would ensure that eligibility criteria for processing could always reflect the most recent economic needs. • Allow the retrospective application of new regulations governing applications • This could apply to applications within the family and economic classes, as well as work and study permits, and temporary resident status. • This would not apply to refugee claims, judicial review, or other types of applications and requests found under IRPA • Authorize the Minister to establish temporary economic programs for permanent residents through Ministerial Instructions rather than through regulations. • These temporary programs would have a limit of 2,750 applications per program per year, with a maximum duration of five years. Should these programs be made permanent, then they would undergo the regulatory process.

19. Annex A: Summary of Processing Timelines More than 1,000 days 291 days 216 days 171 days 45 days 19