Backgrounder - Proposed reforms to Canada’s asylum system

It generally takes 4.5 years from the time an asylum claim is made until a failed claimant has exhausted all legal avenues and is removed from Canada. Some failed asylum claims take even longer — more than 10 years — to finalize. Long delays encourage individuals who are not in need of protection to use the asylum system as a way to remain in Canada.

The proposed balanced reforms to the asylum system would ensure that people in need get quick protection while false claimants are sent home quickly. These proposals support the underlying principles of Canada’s asylum system, which include ensuring fairness, protecting genuine refugees and upholding Canada’s humanitarian tradition. These measures also exceed Canada’s international and domestic legal obligations to asylum seekers.

Faster decisions

Decisions on asylum claims would be made by public servants employed at the independent Immigration and Refugee Board of Canada (IRB). The use of public servants ensures a permanent, experienced and adequately staffed complement of decision makers.

With the proposed reforms, individuals who are determined to be eligible to make an asylum claim would meet with a public servant at the IRB within eight days of being referred to the IRB. During this information-gathering interview, information on the claim would be collected, forms properly completed and a hearing scheduled before another public servant at the IRB within 60 days. Those whose asylum claims are accepted, would then receive refugee status and would be able to apply for permanent residence.

Refugee Appeal Division

If an asylum claim is denied, most claimants would be eligible to appeal the decision to the new Refugee Appeal Division of the IRB. Appeals would be decided by Governor in Council appointees at the IRB. This appeal would include a review of the original decision and, in certain cases, any new evidence that has become available.

All failed claimants would continue to have the option of asking the Federal Court to review a negative decision.

Safe countries of origin

The proposed balanced reforms to Canada’s asylum system would also include the legislative authority to develop a list of safe countries of origin. Safe countries of origin would include countries that do not normally produce refugees, have a robust human rights record and offer strong state protection. The criteria for the designation of safe countries of origin would be described in the Immigration and Refugee Protection Regulations.

An asylum claimant from a designated safe country of origin would not be able to appeal a negative decision to the Refugee Appeal Division. However, these individuals would be able to ask the Federal Court to review a negative decision.

See the separate backgrounder on Safe Countries of Origin for more information.

Timely removals

Most failed claimants would have had the right to have their asylum claim assessed up to three times — once by the Refugee Protection Division at the IRB; if appealed, by the Refugee Appeal Division at the IRB; and if leave is granted, by the Federal Court. On this basis, limits to pre-removal risk assessments and other post-claim processes would be introduced.

Following a final negative decision from the IRB, there would be a one-year time period in which failed claimants would not be able to access pre-removal risk assessments, requests for humanitarian and compassionate consideration and temporary resident permits. To address exceptional situations, the Minister of Citizenship, Immigration and Multiculturalism would be able to exempt people from specific countries or groups from the one-year limit.

One of the key elements to improving the asylum system is timely removals. Too often, people whose claims are unfounded have been able to stay in Canada for years.

The Auditor General of Canada has recognized that long delays increase overall costs. Timely removals would reduce costs and prevent abuse since making an asylum claim would no longer be perceived as providing an automatic stay in Canada. The Canada Border Services Agency would receive additional resources to remove most failed claimants within 12 months of the final IRB decision, if not sooner.