1. FCJ Refugee Centre

2. FIRST PANEL: Fairness: Access to border and fair asylum process

3. WHO WE ARE NGO which serves uprooted people such as refugees and others at risk due to their immigration status We welcome anyone asking for advice, counsel and support regarding their immigration issues NGO which serves uprooted people such as refugees and others at risk due to their immigration status We welcome anyone asking for advice, counsel and support regarding their immigration issues

4. The programs: Anti-human trafficking Refugee Protection Program Networking Settlement Program Popular Education Youth network PRIMARY CARE CLINIC

5. RESETTLEMENT OF REFUGEES Government-Assisted Refugees (GAR) Program refugees are referred to Canada for resettlement by the UNHCR or another referral organization. initial resettlement is entirely supported by the Government of Canada. This support is delivered by NGOs through government funding Private Sponsorship of Refugees Program Sponsorship Agreement Holders: civil society groups across the country  Signed agreements with the Government of Canada to help support refugees from abroad when they resettle in Canada Groups of five: Canadian citizens or permanent residents that sponsor one or more refugees to come to Canada and settle in their area Community Groups can sponsor refugees to come to Canada

6. CANADIAN REFUGEE DEFINITION Convention refugee: A person who meets the definition of « refugee » in the 1951 United Nations Convention Relating to the Status of Refugees. Person in need of protection: A person who would be subjected to a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment, if they were returned to their home country (their country of nationality or if they do not have one, the country where they usually lived in the past)

7. Port of entries in Canada Airport arrivals Land borders Inland claims Points under review at claim have made a refugee claim in Canada before have been granted refugee protection by another country came to Canada through a “Safe Third Country” without qualifying under any of the exceptions are inadmissible on certain criminality or security grounds When the claim is found eligible, you are referred to the RPD to have your case heard ELIGIBILITY INTERVIEW

8. REFUGEE PROCESS Timelines depend on where you make your claim and what category of refugee you are Port of Entry (airport, seaport, or land border claim): The Canadian Border Services Agency (CBSA) officer determines eligibility. Refugee hearing date is scheduled by the border office 60 days after 15 after: you must submit a Basis of Claim (BoC) form 10 Days before refugee hearing you must submit documents At 60 th day you attend the Refugee hearing

10. REFUGEE HEARING Participants at the Refugee Hearing A member of the IRB Refugee claimant, any family members claiming refugee status Other people who may be present at the hearing: Interpreter, (specific language, dialect), if needed. legal counsel, if there is one. Minister’s representative, if requested by the CIC Support people (close friends, family, etc.) Minister of immigration can participate in refugee hearings to challenge claimant’s credibility Decision In most cases given orally at the end of the hearing

11. DECISION: POSSIBLE OUTCOMES Positive decision: application for PR and process for family reunification Negative decision: Refugee Appeal Division (RAD)  Some Claimants are not eligible  Automatic stay of removal Judicial Review  No stay of removal

12. PRE-REMOVAL RISK ASSESSMENT Applicants are NOT eligible for the PRRA for one year (12 months): following a final negative refugee claim decision by the IRB rejection at the RAD, or at RPD if applicants did not go to the RAD or a negative PRRA decision. The ban on PRRA application is extended to 36 months if applicants are from a Designated Country of Origin (DCO)

13. H&C Application Applicants are NOT eligible for the H&C for one year (12 months) following a final negative decision by the IRB People can remain in Canada without status and still be eligible to apply Some exceptions to apply before the 12 months: The best interests of children directly affected, or Risk to life caused by health or medical condition for which there is no adequate care in the country of origin Applicants with an ongoing refugee claim can’t make an H&C application.

14. DETENTION Foreign nationals can be detained upon arrival, within Canada or at any immigration procedure or inquiry The CBSA may detain for immigration purposes when the foreign national: is a danger to the public is unlikely to appear for an immigration interview or procedure or is “avoiding” removal identity is uncertain

15. MANDATORY detention REVIEWS Detention reviews are heard by the Immigration Division of the Immigration and Refugee Board (IRB): at first, within 48 hours then within the following 7 days and every 30 days thereafter 11,300 detention reviews concluded in 2014

16. ALTERNATIVES TO DETENTION Refugee Houses or Centres Home-residences Provision of a guarantor: Toronto Bail program Family member, friends, NGO, community group, faith group

17. SECOND PANEL: Equal opportunities for integration: no one can do it alone

18. www.fcjrefugeecentre.org Social Assistance ACCESS TO SERVICES Legal Representation ELL Classes. Education Housing Employment, Work Permit Health Care, Psychological Support Other Support

19. SOCIAL ASSISTANCE Funded by the Province Administrated by Municipalities Eligibility criteria: Asylum-Seekers, Convention Refugees, Permanent Residents, Citizens Cover: basic needs, housing, transportation, employment training (INN), drugs, emergency dental

20. LEGAL REPRESENTATION Funded by the Province. Legal help to asylum-seekers for filling up forms, refugee hearing, refugee appeal, judicial reviews Eligibility criteria vary by Province Some exceptions for H&C, PRRA: e.g. violence against women

21. READY TOUR AND INFORMATION FOR REFUGEE APPEAL Initiated by Civil Society in collaboration with IRB and UNHCR Tour at the Immigration Refugee Board sites Information about Refugee Hearing Process and how to filling up Refugee Appeal Applied in major cities: Toronto, Montreal and Vancouver

22. ELL CLASSES AND EDUCATION ELL CLASSES Language classes for Adults in one of the official languages for asylum-seekers Funded by Provinces EDUCATION Any minor 16 years old and under must registered in a school no matter immigration status (Ontario)

23. CONTINUE… Settlement workers in Elementary and High School LINC programs funded by Federal government. Eligibility: Convention Refugees, PR. Post Secondary School. Eligibility: Convention Refugees and PR. Asylum-Seekers are considered international students

24. HOUSING Emergency Shelter: funded by Province, administrated by City, run by NGO’s Refugee Houses: run by community, including religious organizations Transitional Housing (max 2 years) Subsidize housing. Eligibility: anyone no matter their immigration status

25. WORK PERMIT AND EMPLOYMENT WORK PERMIT Eligibility: Asylum-seekers after submission of forms and medical exams. Work permit valid for 2 years EMPLOYMENT Access to information on job search Any type of job except Federal Government positions (needs to be PR or Citizen) Training for International Professionals (Bridging Programs)

26. HEALTH CARE AND PSYCHOLOGICAL SUPPORT Interim Federal Health Program. Eligibility: asylum-seekers. Funded by Federal Government Coverage: basic medical care, hospitalization, medication, emergency dental services Provincial Health Card (Universal Health Care). Eligibility: convention refugees Everyone: access to Community Health Centres with interpretation, labs test

27. OTHER RESOURCES Public Libraries Recreational Centres Summer Camps After School Programs Interpretation Food Banks (Second Harvest) Furniture Bank

28. NO ONE CAN DO IT ALONE Federal government, Provincial government, Municipalities and NGO’s collaborating Collaboration in the community: e.g. Second Harvest, Pro bono dentists and doctors Advocacy to all levels of government : Municipal, Provincial and Federal. Funding and consultation on programs

29. CIVIL SOCIETY NETWORKS National: CCR (180 member organizations) Provincial: e.g. OCASI (270 member organizations) Municipal: different networks (housing, access without fear, newcomer network, human trafficking) LIP: agencies, municipalities, private sector and other sectors such as labour, doctors, women organizations, etc. Improve services for newcomers

30. THIRD PANEL: The invisibles: improving access to vulnerable people

31. IRB GUIDELINES Chairperson Guideline: “Procedures With Respect to Vulnerable Persons Appearing Before the IRB”

32. DEFINITION OF VULNERABLE PERSONS Vulnerable persons are: individuals whose ability to present their cases before the IRB is severely impaired. Such as: Mentally ill Minors Elderly Victims of torture Survivors of genocide and crimes against humanity Women who have suffered gender-related persecution Individuals who have been victims of persecution based on sexual orientation and gender identity

33. PROCEDURAL ACCOMMODATIONS Difficulties in the process. Reasons: Language, cultural barriers, traumatic experience Wherever it is reasonably possible, the vulnerability must be supported by independent credible evidence filed with the IRB Registry.

34. EARLY IDENTIFICATION Identifying vulnerable persons at the earliest opportunity The IRB may hold conferences prior to and during hearings to assist in identifying vulnerable persons and to establish the nature of the procedural accommodations required.

35. SCHEDULING Duty to determine all proceedings as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. Scheduling priority: vulnerable persons experiencing uncertainty and anxiety caused by delay of proceedings.

36. DESIGNATED REPRESENTATIVE In cases where vulnerable person is under 18 years of age or unable, the IRB designates a person to represent the person

37. WOMEN FEARING GENDER-RELATED PERSECUTION Guideline: Women Refugee Claimants Fearing Gender-Related Persecution in all cases involving women refugee cases based on gender. Sets out the relevant considerations and explicitly recognizes the special problems faced by women who fear gender-related persecution.

38. MINORS Guideline: Child Refugee Claimants - Procedural and Evidentiary Issues

39. LGBTI INDIVIDUALS Lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals may have suffered negative experiences due to homophobia in their respective countries of origin, most specifically discrimination, bullying, ostracism, violence, sexual assault, and so on. Ensures that when identified as vulnerable, those individuals are not disadvantaged in presenting their cases to the IRB

42. International v. Domestic Human Trafficking Temporary Resident Permit (TRP) Persons are entitled to remain legally within Canada for 180 days Not required to testify against their trafficker to gain temporary or permanent resident status Entitled to Interim Federal Health (IFH) coverage which includes medical treatment and counseling services Entitled to a work permit for victims of trafficking INTERNATIONALLY TRAFFICKED PERSONS

43. THANK YOU LOLY Rico FRANCISCO Rico-Martinez FCJ Refugee Centre Co-Directors franciscorico@fcjrefugeecentre.org