Canada vastly unprepared to process migrants, refugees
A small change marks a troubling time in our immigration system.
Overwhelmed by an endlessly ballooning backlog, the Immigration and Refugee Board (IRB) recently ditched the 60-day timeline to process asylum claims. People wanting to claim asylum will now processed on a first-in-first-out basis.
The 60-day rule was put into place by the previous Conservative government in 2012. It required officials at IRB to process asylum claimants in order of their designated country of origin. Moreover, decision makers within the board had to process claims within two months. A generous analysis would say those changes were meant to improve procedural efficiency. I am not a generous person. At the same time that Canada was promising ease of access to foreign millionaires, it created massive procedural obstacles for refugees.
In 2015, a federal court concluded that the major elements, specifically the lack of access for those deemed to be from “safe countries” (i.e. a safe Designated Country of Origin), was unconstitutional. Nonetheless, that program has remained largely in place. The effect has been catastrophic. In 2012, when the Designated Country of Origin program was instituted, less than 10,000 claims were rolling in. Starting in 2014, those numbers have grown substantially. So, too, has the backlog.
By the end of the last year, the backlog was as high as 43,000 cases. The organization had anticipated a backlog of 30,000. The average wait time is now 20 months for new claims. Thousands of much older cases have languished.
Some have waited for an answer for more than six years. The new first-infirst-out system has thrown an alreadylengthy process into disarray. Thousands of scheduled hearings have been cancelled, reports the Star’s Nicholas Keung.
IRB spokesperson Anna Pape said, “(The board) must postpone recent referrals at this time due to the operational limitations.”
The change at IRB is necessary but, make no mistake, it’s a move made out of desperation. With inadequate resources, the board has performed a herculean feat.
They’ve put in place a two-year task force to sort through legacy cases. Early last year, they dabbled with the first-infirst-out system under their former leader Marco Dion.
Dion had been unequivocal, saying to CBC News in July, “I am afraid the way things are at this point we will need additional resources . . . because there is a limit to how much you can stretch one person’s time.” He saw no hope in meeting the demands on the system, saying it was “essentially impossible to close the gap using existing resources.”
Money was a major hindrance, Dion said to The Canadian Press: “Efficiency has increased significantly, but there is no way we can deal with 30,000 cases when we’re funded for about 17,000.”
The most recent federal budget does lay out some money for the board but it lags behind what is needed. There is an additional $12 million in legal aid sup- port for asylum claimants. Lawyers for refugees often tell me that a major obstacle is the lack of representation available to claimants.
Significantly, the budget allocates $173.2 million for security operations at the border and for processing at IRB.
Of that, $74 million will be spent over the next two years on irregular migration.
There are bright spots within the asylum system. Funding for Yazidi women and girls fleeing ISIS’s terror remains in place. Canada recently stepped up to accept 1,845 refugees of 30,000 African asylum claimants that Israel is planning to mass-deport. Canada’s move isn’t game-changing, but for those few, it is life-saving.
Nonetheless, without an international action plan, the global migrant crisis will continue unabated. Simmering global hostility to migrants — refugees and non-refugees alike — looks likely to end up at Canada’s ports, airports and borders.
For example, rumours about and the eventual fact of the Trump administration rescinding Temporary Protected Status is responsible for the Haitian migrants who have walked across the border.
The ministry of Immigration, Refugees and Citizenship is aware of the need to pour attention and resources into the board. Immigration Minister Ahmed Hussen has received an interim report on the IRB and a full report is expected later this year.
More migrants will come here and we need to be ready.
Simmering global hostility to migrants — refugees and non-refugees alike — looks likely to end up at Canada’s ports, airports and borders