Backgrounder - Challenges faced by Canada’s asylum system

Canada’s existing asylum system is crippled by long delays and a cumbersome process which results in claims taking years to resolve, during which asylum seekers have access to a range of social benefits. These delays encourage people not in need of protection to make an asylum claim knowing they will be able to live and work in Canada for many years. As the Auditor General of Canada has said, delays in rendering final decisions on asylum claims can leave the system open to abuse.

It generally takes 4.5 years from the time an asylum claim is made until a failed claimant is removed from Canada. In some extreme cases, this can take 10 years or more. Multiple post-claim appeals are available to failed claimants, leading to delays in removal from Canada.

Once they have exhausted all legal avenues, far too many failed asylum claimants do not respect their obligation to leave Canada. There are currently over 15,000 failed asylum claimants ready to be removed from Canada and another 38,000 whose whereabouts are unknown and who are subject to an immigration warrant. Many of these individuals must be found, escorted and removed from Canada by the Canada Border Services Agency, which is a very costly and time consuming process.

Balanced reforms to Canada’s asylum system are being introduced because we must not create a two-tier immigration system: one tier for immigrants who wait in line — often for years — to come to Canada, and another tier for those who use the asylum system, not for protection, but to try to get through the back door into Canada.

It is these delays that create a draw factor for individuals who see Canada’s asylum system as a means of staying in Canada for years. In fact, some Internet sites and unscrupulous consultants promote the asylum system as an easy way to get into and remain in Canada.

Large number of asylum claims

From 2006-2008, there was a 60% increase in the number of asylum claims made in Canada, with over 37,000 claims in 2008 alone which was prior to the imposition of visas on Mexico and the Czech Republic. The Immigration and Refugee Board of Canada now has approximately 60,000 asylum claimants waiting for a decision on their claim with the average hearing occurring in 19 months.

Canada’s slow-moving asylum system also attracts more claims per capita than any comparable western democracy. For example, in 2009, Canada received one asylum claim for every 1,000 people in Canada. This compares to the United States, which received one asylum claim per 11,034 people; Australia, which received one claim per 3,462 people; and the United Kingdom, which received one claim per 2,057 people. Given that 58% of claims in Canada are unfounded, these figures suggest that Canada is a destination of choice for many unfounded asylum claimants.

Some might argue that one way to stem the tide of the large number of unfounded asylum claims Canada currently receives would be to require visas from citizens of more countries. Under the Immigration and Refugee Protection Act, all visitors to Canada require a visa, except citizens of countries where an exemption has been granted. If more travelers would need to apply abroad and undergo screening before a visa could be issued, this could deter unfounded asylum claims. Visas, however, are not a permanent solution to the systemic challenges faced by Canada’s asylum system.

Challenges exist at every step in the asylum system: in making decisions, the number of processes available to failed claimants, and in the difficulty in removing failed claimants. The proposed changes would address each of these challenges to help ensure that Canada’s asylum system remains focused on providing protection to those in need, and quickly removing those with unfounded claims.