Backgrounder - Safe countries of origin

Most Canadians recognize that there are places in the world where the persecution of people is less likely to occur compared to other areas. This view is shared by António Guterres, the United Nations High Commissioner for Refugees, who said “there are indeed safe countries of origin. There are indeed countries in which there is a presumption that refugee claims will probably be not as strong as in other countries” (Speech to the National Press Club, March 24, 2010).

Yet many people from these places try to claim asylum in Canada and are ultimately found not to need protection.

This suggests that they may be using Canada’s asylum system as way to jump the immigration queue. Too much time and too many resources are spent reviewing these unfounded claims. On average, it takes 4.5 years from the time an asylum claim is made until the failed claimant is removed. In some extreme cases, this process has lasted for more than 10 years.

This is why the proposed changes to Canada’s asylum system would 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. States with strong democratic, judicial and accountability frameworks are likely to provide the necessary protection to their citizens. The criteria for the designation of safe countries of origin would be established in the Immigration and Refugee Protection Regulations.

This authority would allow designations to be made specific to a population within a country, defined, for example, by gender or religion. This would also allow the particular circumstances of vulnerable populations to be taken into account.

As in the current system, all eligible asylum claimants, including those from designated safe countries, would continue to receive a hearing at the Refugee Protection Division of the Immigration and Refugee Board. In the event of a negative decision, claimants from designated safe countries of origin would not have access to the Refugee Appeal Division. They would, however, continue to be able to ask the Federal Court to review a negative decision.

Canada does not currently have a list of safe countries of origin. The proposed legislative change would amend the Immigration and Refugee Protection Act to provide authority to develop a list at a later date.

Many states use a safe country of origin policy to accelerate asylum procedures for the nationals of certain countries. These states include the United Kingdom, Ireland, France, Germany, Greece, the Netherlands, Norway, Switzerland, Denmark, and Finland, among others. Most European Union (EU) states also have accelerated asylum procedures for the nationals of other EU member states, which are considered to be generally safe.

Canada’s safe country of origin policy would be guided by the following principles:

• All eligible refugee claimants are entitled to have their claim assessed in a manner consistent with the Canadian Charter of Rights and Freedoms and the Immigration and Refugee Protection Act.
• Access to the Federal Court must be available in case of errors in proceedings in the initial decision.
• All policies and processes must comply with domestic law and international human rights obligations.

The criteria for designation as a safe country of origin would require that consideration be given to the human rights record of a country. Advice from the United Nations High Commissioner for Refugees would be sought in designating countries.

A panel of public servants would also provide advice on designation decisions. Designations would be explained in a report to Parliament. Final authority to designate a safe country of origin would rest with the Minister of Citizenship, Immigration and Multiculturalism.

Although the list of designated countries would not be exhaustive, it would provide Canada with a tool to respond to spikes in claims from countries that are not normally refugee producing.