ASYLUM SEEKERS: WHAT WE STILL DON’T KNOW
AS A STEADY STREAM OF MIGRANTS ARRIVE AT THE BORDER, A LOOK AT SOME OF THE LOGISTICS INVOLVED
As asylum seekers continue to enter Canada at an unofficial crossing point in Quebec, many questions remain unanswered about their fate.
This year, nearly 7,000 have arrived just since July. The majority are Haitians who have been living in the U.S. Many are being housed in temporary shelters in Montreal. About 300 have now been moved to the NAV Centre in Cornwall, Ont., where a tent city for 500 has also been erected.
Here are some of the things we still don’t know:
WHEN WILL THE REFUGEE CLAIMS BE HEARD?
According to a rule imposed by the Harper government in 2012, refugee claimants must get a hearing date within 60 days of being deemed eligible to have their claims heard.
Normally, eligibility is determined during an interview right after asylum seekers cross the border.
But because of the recent influx, those interviews are now being scheduled for as far away as January and February. That means hearings might then only be scheduled for March or April.
But those hearing dates aren’t necessarily final. Backlogs and a shortage of adjudicators have resulted in a large portion of hearing dates being postponed indefinitely after they’re scheduled, even before these latest arrivals.
Richard Goldman, a lawyer and co-ordinator of the Montreal-based Committee to Aid Refugees, estimates that in Quebec, about 40 to 50 per cent of hearings are already being cancelled. That means there could be delays of several more months before the claims are heard.
“We’re certainly in the range of a year from the time they first arrived at the border,” Goldman said.
WHAT HAPPENS WHILE THEY WAIT?
Quebec announced on Thursday that it will issue welfare cheques to about 4,000 asylum seekers, who will then be asked to leave temporary shelters and find accommodation elsewhere.
It’s unclear whether Ontario will do the same for the roughly 300 asylum seekers currently staying at the NAV Centre in Cornwall. The provincial Ministry of Citizenship and Immigration told the Post that emergency assistance “is being provided to a number of asylum seekers.”
But it remains to be seen whether the asylum seekers will be able to work as they await eligibility interviews, which could be months away.
CAN THE QUEBEC LEGAL SYSTEM SUPPORT THE DEMAND?
Myrdal Firmin, a Montreal-based immigration lawyer, said he’s already feeling the impact of the influx of Haitians.
“I finished yesterday at nine o’clock, and this is just talking to people. We give a rendezvous for one person, they come (in groups of) 10, because they don’t have lawyers,” he said.
He worries that some people with legitimate refugee claims will fall through the cracks if they can’t access proper legal support.
“I’m scared that they do their files by themselves, and they don’t go see a legal adviser,” he said. “Some people have a good case.”
WHAT WILL HAPPEN TO THOSE WHOSE CLAIMS ARE REJECTED?
It seems likely that many of the asylum seekers’ refugee claims will be rejected. In 2016, only about half of Haitian refugee claims were approved. But for those whose claims are denied, another option remains. Those with children under 18, as well as people with life-threatening medical conditions that can’t be treated in Haiti, could apply to stay on humanitarian and compassionate grounds as soon as their refugee claims are rejected.
There’s no guarantee there, either — in fact, they could be deported before their humanitarian applications are heard. But Goldman believes some of the Haitian asylum seekers would have strong cases, particularly those with children born in the U.S. that might not speak fluent Creole or adjust well to life in Haiti.