Past News > Concerns about Bill C-11
Concerns about Bill C-11 amendments to the Immigration and Refugee Act
Post date: May 12
On March 30, Immigration and Multiculturalism Minister Jason Kenney proposed changes to Immigration and Refugee Act that are intended to help speed up the process refugee claimants go through.
Under Minister Kenney's changes, instead of waiting for 19 months to have their claims heard before the Immigration and Refugee Board (IRB) the refugee claimants would receive decisions within 60 days. At the same time, failed claimants would be removed within a year of their IRB decision instead of the average 41/2 years it currently takes.
Minister Kenney also proposed creating a "safe countries of origin" list or "democratic countries with robust human rights records" and which "do not normally produce refugees." Asylum seekers from these countries would continue to have access to hearings before the IRB but would have to appeal a negative decision before the Federal Court instead of the Refugee Appeal Division.
At FST, we believe that the introduction of “safe country of origin” means that the minister has the power to create two classes of refugees: those who have the right to appeal to the IRB and those who do not. This is unfair: every person who faces persecution should be treated equally no matter their country of origin.
We are concerned that the two-tiered refugee claims process proposed by Bill C-11 amendments will mean that there are no safeguards to protect lesbian, gay, bisexual, transgender or queer refugee applicants who face persecution in their countries of origin but are deemed to come from a “safe country”. These amendments indicate that refugees from “safe countries” will not have the right to appeal a decision of the Immigration Refugee Board.
Similarly, women who are making gender-based claims for refugee status will be denied the right to appeal a decision if they come from “safe countries”.
As the United Nations High Commissioner for Refugees has stated, even in democracies there are still grounds for persecution based on gender or sexual orientation. For example, Ghana is a democracy and seen as a safe country, but it is illegal to be identified as gay or lesbian in Ghana. A person who is gay or lesbian in Ghana will be punished and thrown into jail.
In an open letter to Minister Kenney, on behalf of Family Service Toronto, Executive Director Margaret Hancock requests to know what safeguards will be written into the proposed amendments to protect the unique LGBTQ applicants who are fleeing oppressive environments, or the women making gender-based claims for refugee status.
Read Margaret Hancock open letter to Minister Kenney
