Poste - Canadian Coalition for the Rights of Children

Benefit of the Doubt
C A N A D I A N C O A L I T I O N F O R T H E R I G H T S O F C H I L D R E N
According to refugee advocates, the IRB guidelines
do not give children the benefit of the doubt when
considering evidence, as recommended by the UNHCR
Handbook on Procedures for Determining Refugee
Status. Refugee lawyer Geraldine Sadoway proposes that
if the child is incapable of testifying or the child’s best
interests would not be served by testifying, other sources
of information concerning the child’s situation should be
prepared for the Board such as the testimony of
witnesses, expert evidence, documentary evidence
concerning similarly situated children and general
country conditions relevant to the claim. The IRB should
determine the claim as recommended by the UNHCR,
“allowing for the liberal application of the benefit of the
doubt.” If doubt remains, the hearing should be
adjourned to seek further evidence. 32
Fear of Persecution
Geraldine Sadoway says that the Immigration and
Refugee Board “has not yet tackled the substantive issues
of what constitutes a well-founded fear of persecution for
child claimants and how the Convention grounds for fear
of persecution may be applied to cases involving child
claimants.” Actions against adults that might be
considered harassment or discrimination may constitute
persecution when applied to children, she says, because
children have different basic needs, are more vulnerable
and have fewer defences against abuse. 33
Refugees Selected Abroad
Applying
Applications for refugee resettlement can be made at any
Canadian High Commission, Embassy or Consulate
outside the applicant’s home country (except by those
persons designated as Political Prisoners and Oppressed
Persons, who may apply inside their home country).
Applications are assessed by a Canadian visa officer, who
interviews the applicants to determine their eligibility
and admissibility. If accepted, the refugee is given a visa
and becomes a permanent resident of Canada upon
arrival. 34 The Government of Quebec, however, has full
jurisdiction over the selection of refugees for settlement
within the province. 35
Members of the Canadian Council for Refugees have
reported problems in visa posts overseas including:
106
limited access to visa offices, poor treatment of
individuals, slow processing times, and variations in
standards. 36 The Immigration Legislative Review
Advisory Group recommends a system of protection
officers who are trained in human rights law and in
procedures for making fair and consistent decisions.
These officers would be strategically placed overseas in
order to be accessible to those most in need of
resettlement. 37
Application processing [by Canada] tends
to take longer than other countries, thus
preventing it from being responsive to urgent
protection needs... Canada selects refugees
through its visa posts and this decentralized
approach to selection has meant that
approaches and standards vary.
—Canadian Council for Refugees 38
A fast-track system should be in place abroad
to allow those who are determined to be in
imminent danger to travel to Canada on an
urgent basis.
—Immigration Legislative Review Advisory
Group 39
The Minister of Citizenship and Immigration is now
proposing “working more closely with non-governmental
organizations in identifying, pre-screening and resettling
refugees,” and “ensuring the immediate entry into
Canada of urgent protection cases.” 40
Admissibility
Refugees are not subject to the formal “point system”
used to evaluate the skills and adaptability of
independent immigrants, but there are eligibility
considerations. Adult claimants are currently accepted if
they are judged likely to be self-sufficient within a year
of settling in Canada. However, Citizenship and
Immigration Canada found that “most refugees have
needed a longer period.” The department also says that
“the requirement makes it difficult to protect refugees
who are in need of resettlement but who, like women at
risk, victims of violence and torture, the elderly, people
requiring medical treatment and unaccompanied minors,
need considerably longer than a year to settle.” 41 It has
been estimated that 75 percent and as high as 90 percent
of people in some refugee camps are women and
children. 42