Court strikes down Ottawa’s ‘safe country’ list for refugees | Toronto Star

Another major defeat for the Government in the Courts:

In a major blow to the Harper government, the Federal Court has struck down its so-called safe country list for refugees as unconstitutional.

In a ruling Thursday, the court said Ottawa’s designation by country of origin or DCO discriminates against asylum seekers who come from countries on this list by denying them access to appeals.

“The distinction drawn between the procedural advantage now accorded to non-DCO refugee claimants and the disadvantage suffered by DCO refugee claimants . . . is discriminatory on its face,” wrote Justice Keith M. Boswell in a 118-page decision.

“It also serves to further marginalize, prejudice, and stereotype refugee claimants from DCO countries which are generally considered safe and ‘non-refugee producing.’

“Moreover, it perpetuates a stereotype that refugee claimants from DCO countries are somehow queue-jumpers or ‘bogus’ claimants who only come here to take advantage of Canada’s refugee system and its generosity.”

It is yet another devastating hit to the Conservative government which recently also lost two cases on constitutional grounds over the ban of the niqab at citizenship ceremonies and on health cuts for refugees.

“This is another Charter loss for the (Stephen) Harper government,” noted Lorne Waldman, president of the Canadian Association of Refugee Lawyers, a party to the legal challenge against the DCO regime.

The government said it will appeal the decision and ask the court to set it aside while it is under appeal.

“Reforms to our asylum system have been successful resulting in faster decisions and greater protection for those who need it most,” said a spokesperson for Immigration Minister Chris Alexander.

“We remain committed to putting the interests of Canadians and the most vulnerable refugees first. Asylum seekers from developed countries such as the European Union or the United States should not benefit from endless appeal processes.”

The latest court decision means all failed refugee claimants — whether from the government’s safe country list or not — are entitled to appeal negative asylum decisions at the Immigration and Refugee Board’s refugee appeal division or better known as the RAD.

Court strikes down Ottawa’s ‘safe country’ list for refugees | Toronto Star.