ARCHIVED – Annual Report to Parliament on Immigration, 2006

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Section 4
Maintaining Canada’s Humanitarian Tradition

CIC plays a significant role in maintaining Canada’s humanitarian tradition by protecting refugees and persons in need of protection and by representing Canadian values and interests in multilateral and bilateral international fora on refugee protection. Each year, Canada protects many thousands of people through the in-Canada refugee determination system and the resettlement of refugees selected abroad.

Convention refugees are individuals who, because of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion, are outside their country of nationality or habitual residence, and are unable or unwilling by reason of that fear to return to that country.

Protection may be granted to individuals who are already in Canada and whose removal to their country of nationality or former habitual residence would subject them to risk of torture – in conformity with the United Nations Convention Against Torture – risk to life, or cruel and unusual treatment or punishment.

Refugees selected abroad fall into two categories, government-assisted and privately sponsored. In addition to Convention refugees, resettlement is also extended to individuals who do not fully meet the definition of a Convention refugee but are seriously and personally affected by civil war, armed conflict, or massive violations of human rights.

Administrative Measures

Reform of Canada’s refugee determination system is being explored to identify ways of streamlining the system to ensure protection is delivered efficiently to those in need. To support administrative reform of the system, additional funding was allocated to reduce inventories along the refugee system continuum. These new administrative measures continue to yield positive results in the form of an enhanced ability to manage access to the in-Canada refugee determination process and the reduction in the Immigration and Refugee Board (IRB) inventory by more than half since 2002 (to 22,000 in 2005 from 51,600 in 2002). In this context, CIC increased admissions to 19,935 in 2005 from 15,901 in 2004. CIC has also worked with other organizations – including the Department of Justice, the IRB, and the Canada Border Services Agency (CBSA) – to develop substantive proposals that will advance the refugee reform agenda.

Canada’s Role in International Protection

CIC faces challenges in pursuing its international and domestic refugee protection agenda because of international influences that place emphasis on the linkages between refugee protection, human rights, security and international trade. CIC continues to influence the debate on refugee protection issues and has remained an active participant in international discussions on protection through the Executive Committee of the United Nations High Commissioner for Refugees (UNHCR), the Inter-Governmental Consultations on Asylum (IGC), and the Trans-Atlantic Dialogue with the European Union (Canada-EU Partnership Agenda/Trans-Atlantic Dialogue). In further demonstrating its international leadership, CIC has expanded its participation in a variety of international fora, including the First Meeting on Solidarity Resettlement in the Americas held in Quito, Ecuador, in February 2006.

Resettlement of Refugees from Abroad

Canada extends protection to Convention refugees and to persons in similar circumstances through the Refugee and Humanitarian Resettlement Program. Under this program, CIC selects for resettlement in Canada a set number of refugees from abroad for whom there is no other durable solution available within a reasonable period of time. To be eligible, the individuals must be unable to return to their country of nationality or habitual residence, or to remain in the country that has granted them temporary protection – the first country of asylum. They must also undergo a medical examination and security and criminality checks. The Government-Assisted Refugee (GAR) goal of 7,300 to 7,500 was met, with 7,416 admissions in 2005.

In 2004, the Department undertook an evaluation of a group processing pilot for government-assisted refugees from Kenya and initiated other group processing projects to increase efficiencies and achieve its global resettlement targets. CIC has also asked the UNHCR to refer a group of Karen refugees from Thailand for resettlement to Canada in fiscal year 2006-2007. The Department undertook a gender-based analysis (GBA) of the Karen group processing initiative that identified factors, implications of these factors, and potential mitigating strategies for the first two stages of resettlement – the preselection and post-selection stage. Operational guidelines have been developed for the Karen refugee group based on lessons learned from previous group processing pilot projects. Policy guidelines and regulations for group processing are being developed to institutionalize group processing as standard refugee resettlement.

The Resettlement Assistance Program

CIC offers financial support and immediate essential services to help refugees resettle in Canada and integrate into Canadian society. Through the Resettlement Assistance Program (RAP), the Government ensures the delivery of essential services (such as reception services at the port of entry, temporary accommodation, assistance with finding accommodation, and financial orientation) through contribution agreements with service provider organizations. This program also provides income support for up to one year in most cases and up to two years for refugees with special needs, such as victims of trauma or torture. In addition, the Interim Federal Health program provides emergency and essential health coverage until refugees are eligible for provincial health-care programs. This program is available to all resettled refugees upon arrival in Canada.

In 2005, policy development efforts were aimed at improving the overall outcomes of both refugees and immigrants and focusing on addressing the unique needs of all vulnerable clients. An ongoing effort has been made to track the changing needs of resettled refugees and expand evidence to support the view that refugees’ needs are unique. Two major studies were conducted in 2005 which will form the basis of future RAP development, including a horizontal strategy to ensure a more seamless delivery of settlement services to refugees. In addition, the joint CIC- Voluntary Sector RAP Working Group continues to meet and held multiple consultative meetings throughout the year to develop strategies that will improve outcomes for refugees.

The Private Sponsorship of Refugees Program

In addition to government support, refugees receive assistance to resettle in Canada from private sponsor organizations representing religious, ethnic, and community groups, and from groups of five or more individuals. Through the Private Sponsorship of Refugees (PSR) Program, these groups take on the responsibility of providing refugees with accommodation, resettlement assistance and emotional support for up to one year. In exceptional circumstances, this assistance can be extended for up to three years for refugees with special needs such as victims of trauma and torture, or women and children at risk.

To address the issue of delays in processing PSR cases that result from large inventories at key overseas missions, CIC provided significant funding for temporary duty officers in early 2005 to reduce inventories in several of the most affected missions. To address the increasing refusal rates (now at 52%) and inventories, CIC intends to work with partners to achieve the significant reform necessary to ensure a more effective private sponsorship program which will allow CIC to focus on the resettlement of those refugees most in need.

Over the past year, CIC has initiated a number of initiatives to improve its partnerships and working relationship with the PSR community. One such initiative was the establishment of a new NGO-Government Sub-Committee in August 2005. The Sub-Committee meets monthly with elected representatives of Sponsorship Agreement Holders to jointly discuss and share information on the operational, policy and program issues within the PSR program. In addition, in response to a commitment to share resettlement information in a timely manner with PSR partners, the Department developed a quarterly information newsletter that is sent out to the PSR community including the Canada Council for Refugees (CCR), the United Nations High Commission for Refugees, and the International Organization of Migration (IOM).

Admissions under the PSR program fell just short of the lower end of the 3,000 to 4,000 target range, with 2,976 admissions. However, while PSR admissions were down slightly from 2004 levels, PSR visa issuance and case-finalization figures were up.

The Joint Assistance Sponsorship Program

Under the Joint Assistance Sponsorship Program (JAS), private sponsoring groups and government share responsibility for refugee resettlement. Special initiatives, in cooperation with provincial governments and the voluntary sector, assist refugees with special needs such as women at risk. Joint assistance sponsorships focus on situations where resettlement is urgently needed or where a refugee family needs longer-term support. In these instances, government and non-governmental organizations combine their resources to meet the need.

In 2005, CIC implemented the JAS Destination Matching Request form to provide prospective sponsors with more comprehensive information regarding the refugee so that the sponsoring group can be better prepared to meet the refugee’s settlement needs.

The Immigrant Loans Program

In accordance with IRPA, CIC also manages the Immigration Loans Program. Geared primarily to refugees from abroad seeking permanent residence in Canada, these loans are intended to cover the pre-entry medical examination, transportation costs to Canada, and expenses associated with initial settlement in Canada.

The current limit on the loan fund is $110M of which outstanding loan accounts totalled $40.3M as of March 31, 2006. In 2006-2007 and future years, CIC expects to establish a similar volume of loans – 4,700 loans to new clients per annum with a value of $13M. Loan collection will also be managed with due diligence to maintain the strong recovery rate for repayment – currently at 91%.

Protection for Individuals Who Make Refugee Protection Claims in Canada

In addition to refugees selected abroad for resettlement, protection can be extended to individuals who seek protection asylum upon or after their arrival in Canada.

The IRB, an independent administrative tribunal, oversees a quasi-judicial process that determines claims for refugee protection made in Canada. (For further information on the IRB please see www.irb-cisr.gc.ca.) This process is designed to ensure fair and consistent decision making in accordance with Canadian law and Canada’s international obligations and humanitarian traditions. The IRB hears refugee protection claims referred by CIC and the CBSA.

In 2005, a total of 19,935 individuals made a claim for refugee protection across Canada. This represents a decrease of 23% from the 2004 total of 25,521. In 2005, the IRB accepted 44% of all cases for which the Board rendered final decisions.

A person whose claim for protection has been accepted may apply for permanent residence for himself or herself, as well as for dependants or close family members whether in Canada or abroad. However, if the claim for protection is refused, the individual is informed of the reasons in writing and is required to leave the country. (A person whose claim is refused and who must leave the country may apply to the Federal Court for a judicial review. A judge of that court decides whether leave will be granted. In most cases, a person has the right to remain in Canada pending the outcome of the judicial review). Refused claimants may, however, apply to CIC for a Pre-Removal Risk Assessment (PRRA) before removal from Canada. The PRRA process ensures that the risk to the individual is assessed before that person is removed from Canada, particularly in cases where there has been a change in the situation in the country of nationality or new evidence indicates that the person needs protection. Most successful PRRA applicants may apply for permanent residence in Canada under the Protected Persons category.

Following the 2003 split between CIC and CBSA, the 1996 Administrative Framework Agreement (AFA) setting out the relationship between CIC and the IRB is in need of revision. In 2005, CIC and the IRB embarked on a process for drafting and finalizing an Administrative Framework Memorandum of Understanding (AFMOU) that will contribute to the interorganizational communication of managing the portfolio and to the wider Government goals of increased efficiency and quality of service.

Under the AFMOU, CIC is negotiating an agreement with the IRB and CBSA to outline the process of identifying the general priorities in the management of cases. In the processing of cases, each party undertakes to give due consideration to mutually agreed upon priorities as set out in Schedule 1 of the arrangement. The objective of the arrangement is to enhance the efficient management of the immigration and refugee program and to improve the quality of service to the public by CIC, the CBSA and the IRB in their respective roles. In addition, in an effort to streamline processes, CIC and the CBSA are working with the IRB to merge a number of forms being used by the respective agencies to gather information from refugee claimants.

In 2005, CIC commenced the initiative for accelerating the granting of permanent residence to persons found to be in need of Canada’s protection. This was aimed at reducing inventories. As part of this initiative, CIC committed to granting permanent residence to 2,500 protected persons in Canada in addition to the established target of 17,500 for 2005. By December 2005, CIC met its overall target of granting permanent residence to a total of 19,935 protected persons.

CIC also dedicated additional funding to the PRRA assessment process. This allowed the Department to process more of the cases identified as removal ready by the CBSA, and to match PRRA capacity with the anticipated increase in the IRB processing as a consequence of the recently adopted fast-track procedure.

4.1 Statistical Overview of Protected Persons Admitted in 2005

In 2005, Canada welcomed 35,768 individuals in the Protected Persons category. As Table 10 indicates, this total is in line with the adjusted target of 36,300 persons.

Table 10: Protected Persons Admitted in 2005
(Compared to the Immigration Plan)

* This category was adjusted in 2005 by an additional 2,500 for a target of 20,000.

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