ГУЛаг Палестины

The bill reintroduces key measures to strengthen the integrity of the refugee

determination system. These include front-end security screening for all claimants,

clearer grounds for detention, fewer appeals and opportunities for judicial review to

delay the removal of serious criminals, and suspension of refugee claims for people

charged with serious crimes until the courts have rendered a decision.

The legislation reaffirms the commitment to faster but fair decisions on refugee

claims by consolidating several current steps and criteria into a single protection

decision to be made by the Immigration and Refugee Board, and by combining the

increased use of single-member panels with an internal paper appeal before the

Board.

In addition, the new bill reintroduces a number of key provisions designed to

expand the admission of workers with the skills that are most acutely needed in

Canada.

The key changes that have emerged from discussions of Bill C-31 and that were

introduced today include:

The inclusion of the definition of permanent resident in the Act;

Provisions within the bill that reinforce the government's commitment to

gender equality and clarify that parents are members of the family class;

An oral appeal hearing for people facing a loss of permanent resident status

for failure to maintain residency;

Improved safeguards for people in need of protection:

unsuccessful repeat refugee claimants will be eligible for a

pre-removal risk assessment (PRRA) if they return to Canada after

six months (as opposed to one year);

discretion for oral PRRA in exceptional circumstances;

protected people whose identities have been established will be

eligible to apply for Canadian refugee travel documents;

The requirement of a warrant to arrest refugees and permanent residents for

any immigration matter.

The principle that children will be detained only as a last resort.

The Minister promised supporting regulations over the coming months, which will

include a strengthened overseas refugee resettlement program, an expanded family

class, new selection criteria to attract more highly skilled and adaptable

independent immigrants, and the creation of an "in-Canada" landing class for

temporary workers, foreign students and spouses already established in Canada

and wishing to stay.

The expanded family class will increase the age at which a dependent child can be

sponsored from under 19 to under 22 and allow spouses and children to apply for

permanent residence from within Canada. The Minister also expressed willingness

to pursue discussions with the provinces over additional ways to expand the family

class.

The new legislation will replace the current Immigration Act, which was first passed

in 1976 and which has been amended more than 30 times. Work on the new

legislation began in 1997 and has evolved through extensive consultations with the

provinces, the territories, the legal community, non-governmental organizations and

the general public.

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For Information:

Derik Hodgson

Press Secretary

Minister's Office

(613) 954-1064

Renй Mercier

Media Relations

Communications Branch

(613) 941-7042

Backgrounder # 1

Changes from Bill C-31

In response to Bill C-31, the government received submissions from the Canadian

Bar Association, the United Nations High Commissioner for Refugees, the

Canadian Council for Refugees and many others. The Minister has listened and

responded.

Framework Legislation

What we heard:

The government should ensure that all key principles and core policies are

reflected in the Act and not in the regulations. The regulations should be

limited to matters related to the implementation of policy.

Our response:

1.The new bill places greater emphasis on key principles, including:

The principles of equality and freedom from discrimination.

The principle that minor children should be detained only as a last

resort.

The principle of equality of status for both official languages.

2.The new bill also includes the following provisions previously intended to be

prescribed by regulation:

The provision that parents are members of the family class.

The provision that sponsored spouses, partners and dependent

children of immigrants and refugees and their dependents will not be

refused admission to Canada on the grounds that they would create

an excessive demand on the medical system.

3.The new bill also reinforces the government's commitment to gender

equality and provisions for opposite- and same-sex couples.

Provisions Affecting Permanent Residents

What we heard:

Permanent residents should have a separate, defined status that clearly

specifies their rights and obligations, including the right to enter Canada.

Loss of status determinations should be made only through an oral appeal

to the Immigration and Refugee Board (IRB).

Our response:

The new bill enhances the rights of permanent residents by:

Including a separate definition for permanent residents that highlights the

distinction between permanent residents and other foreign nationals.

Ensuring the right to an oral hearing before the IRB in the case of appeals