While I was away: Refugees

Refugee articles I found interesting:

Proposal to radically change how asylum seekers are settled in Canada heard by MPs

Getting some attention but not clear whether the government prepared to go there:

Canada should consider adopting the German model of distributing asylum seekers across the country based on tax revenues and local population, a parliamentary committee has heard.

The idea would be to more fairly share the burden of settling those seeking protection.

Barutciski: Fixing our asylum-seeker policy offers a chance to show a Canada that can work together

…While our southern neighbours exhibit the opposite dynamic, with polarized red and blue states using migration to deliberately provoke each other, Canada can distinguish itself through a functioning Parliament that shows how a federation is supposed to work. Not only would the noble idea of solidarity relieve pressure in a practical sense, it would also signal that Canada remains strong at a critical time in its history.

Thousands of failed refugee claimants may be eligible to keep federal health benefits, new report finds

Brings out the usual divide between refugee advocates and those concerned about possibly incentivizing claims:

Thousands of refugee claimants who have had their cases rejected and are facing deportation may remain eligible for publicly funded health benefits, including dental coverage and counselling, according to a new report by the Parliamentary Budget Officer. 

The analysis of the Interim Federal Health Program, which provides health coverage for refugees and refugee claimants until they are eligible for provincial health plans and benefits, found that the annual cost of the program reached $822-million in 2024-25 and was fuelled in part by long waits to have cases heard.

The PBO report, published on Tuesday, found that nearly 74,000 “failed refugee claimants” may remain eligible for coverage. They may be able to obtain such benefits for years if they appeal their cases, including in Federal Court. 

Dental care represented a large share of spending in 2024-25, the report found, followed by prescription medication. Urgent dental spending increased to $257-million from $30-million over five years. The cost of counselling services rose to $38.7-million in 2024-25, while home health visits cost more than $12-million.

Nadeau | «Aucun, c’est déjà trop»

Valid to discuss specifics rather than generalities:

…« On ne peut pas accueillir toute la misère du monde » : cette formule qui sert à se laver les mains me lève le cœur. Elle déplace la question pour mieux noyer le poisson. Au lieu de discuter de situations réelles — de personnes précises, de risques précis, de décisions précises —, elle remplace le problème par une abstraction gigantesque. Et face à une abstraction gigantesque, il devient toujours possible de conclure qu’il n’y a rien à faire, que c’est trop gros. Ainsi, la discussion est close avant même d’avoir commencé.

Cette rhétorique dit en réalité moins quelque chose sur la misère du monde que sur notre propre étroitesse morale. Elle exprime jusqu’où nous sommes prêts à ne pas voir la souffrance d’autrui.

L’immigration n’est pas une condition historique figée. Il suffit de peu, dans l’histoire, pour devoir chercher refuge ailleurs. Du jour au lendemain, des sociétés entières peuvent s’y trouver poussées. Entre 1880 et 1930, près de 900 000 Canadiens français ont émigré aux États-Unis pour échapper à la misère. La frontière entre ceux qui accueillent et ceux qui arrivent n’est jamais aussi claire qu’on veut bien le croire. Ceux qui parlent aujourd’hui des migrants comme de pestiférés oublient parfois qu’on peut vite devenir l’« immigrant » de quelqu’un d’autre.

Source: Chronique | «Aucun, c’est déjà trop»

Funny how the translation program is so literal on the gender of “formula” rather than using it:

…” We cannot welcome all the misery of the world”: this formula that is used to wash your hands raises my heart. She shifts the question to better drown the fish. Instead of discussing real situations — specific people, specific risks, precise decisions — she replaces the problem with a gigantic abstraction. And in the face of a gigantic abstraction, it always becomes possible to conclude that there is nothing to do, that it is too big. Thus, the discussion is closed before it has even begun.

This rhetoric actually says less about the misery of the world than about our own moral narrowness. It expresses how far we are willing not to see the suffering of others.

Immigration is not a fixed historical condition. It takes little, in history, to have to look for refuge elsewhere. Overnight, entire societies can find themselves pushed there. Between 1880 and 1930, nearly 900,000 French Canadians emigrated to the United States to escape poverty. The border between those who welcome and those who arrive is never as clear as we would like to believe. Those who today speak of migrants as plague victims sometimes forget that you can quickly become someone else’s “immigrant”.

IRCC orders asylum claimants who crossed U.S. border irregularly to leave or face deportation

Implementation:

Asylum seekers who crossed the border from the United States irregularly and claimed asylum are being ordered by the immigration department to leave Canada as soon as possible or face being deported, after the passing of a new law tightening up asylum rules. 

Immigration lawyers have expressed fears that many foreign nationals receiving warning letters from Immigration, Refugees and Citizenship Canada will now cross back into the U.S. and be detained by U.S. Immigration and Customs Enforcement (ICE), and deported. 

The immigration lawyers are also raising concerns that the letters don’t adequately inform asylum seekers that they may be eligible to remain in the country despite the new restrictions. The new law limits who can receive a hearing before the Immigration and Refugee Board of Canada, or IRB, potentially putting many asylum seekers on a fast-track to deportation.

The IRCC warning letters were sent to refugee claimants within days of the new law, known as Bill C-12, receiving royal assent last month. …

Source: IRCC orders asylum claimants who crossed U.S. border irregularly to leave or face deportation

Tamil refugee who arrived on MV Sun Sea granted stay of deportation

Sloppy not doing the risk assessment:

A man who arrived in Canada seeking asylum with a boatload of Tamils 16 years ago has been spared deportation after court ruled Canadian officials have failed to properly assess the risk he’d face if returned to Sri Lanka.

Kugatheeswaran Thuraisinkam was among the 492 passengers aboard the highly publicized MV Sun Sea in 2010, who were deemed a national security threat by then prime minister Stephen Harper’s Conservative government.

Officials associated them with the separatist group, the Liberation Tigers of Tamil Eelam, and suggested some might have been terrorists. As a result, they had been detained for months and challenged at every step of their asylum process. 

Thuraisinkam has for years dealt with prolonged separation from his wife and three children, homelessness and mental illness. He says an agent mishandled his case and so it didn’t get properly assessed.

“This has been a very difficult process,” Thuraisinkam told the Star through an interpreter. “I am so scared of being deported. I have some relief now. I am very grateful to the courts for saving me.”

In staying Thuraisinkam’s April 16 deportation, Federal Court Judge Sébastien Grammond said Canadian authorities have not yet assessed the risk the man would be facing upon returning to Sri Lanka by virtue of having been a passenger of the MV Sun Sea.

And that’s what Judge William Pentney at the same court had asked the Canada Border Services Agency to do in quashing an officer’s refusal to defer Thuraisinkam’s removal last year.

“It is curious, to say the least, that CBSA is attempting to remove him again when the issue highlighted by Justice Pentney has not yet been resolved,” Grammond wrote in his ruling released this week. 

Like all passengers on the MV Sun Sea, Thuraisinkam was detained for months by Canadian border officials and made a refugee claim based on the fear of persecution of Tamils in Sri Lanka….

Source: Tamil refugee who arrived on MV Sun Sea granted stay of deportation

Globe editorial: An immigration shortcut that’s short-circuited

Agreed but will require an effective minister with strong PM support. Good to see Vineberg’s suggestions:

…The IRB should scrap the file review policy. Meanwhile, Immigration Minister Lena Metlege Diab should take a broader look at the system, with a particular focus on tightening up the approval of asylum claims and international student permits.

Robert Vineberg, a former immigration department director-general, has sensibly suggested that the initial determination of refugee status be moved over to the immigration department. Staff there could do in-depth interviews with claimants, which would be faster than the quasi-judicial hearings at the IRB. 

The IRB could still be used to appeal disputed decisions. However, there needs to be limits on further appeals. The current system that offers multiple avenues to challenge decisions – mapped out in an elaborate flow chart by the Parliamentary Budget Officer – needs to be simplified. 

The asylum system does need to be streamlined, but removing questioning to vet for truthfulness is going too far. For Canada’s asylum system to hold up in the coming years, it needs to operate efficiently, balancing compassion with wide-eyed realism. This will allow Canada to continue offering a safe haven to vulnerable people from around the world. 

Source: An immigration shortcut that’s short-circuited

Immigration officers don’t have latitude to probe refugee claims, experts say

Sigh…:

…But immigration lawyer Richard Kurland said current rules prevent those officers from probing the truth of asylum seekers’ stories.

“A person can show up at the border, give a written story prepared with AI, and the officer is instructed to not ask questions that will verify the credibility of the story. Even if officers want to question, and ask permission to so do, they can’t,” Mr. Kurland wrote in an e-mail. 

Internal documents Mr. Kurland obtained from Immigration, Refugees and Citizenship Canada under access to information law, which were reviewed by The Globe and Mail, show that immigration officers have been instructed not to block people’s access to the IRB only because they doubt their stories.

The documents include an e-mail sent in October of last year from an immigration official to a senior IRCC colleague asking, in response to questions from another officer, “if we believe the client is not being truthful, can we withhold our eligibility decision until they provide a reasonable story?”

The senior IRCC official, Gianfranco Bonofiglio, responded: “Our role is not to verify the credibility of their story/entry. The IRB (and R&I) will assess that. The declaration/interview we hold is just collecting facts/information.” …

James Yousif, a former IRCC policy director and IRB adjudicator, said such interviews alone are not sufficient.

“The questions asked by IRCC or CBSA officials before the file is referred to the IRB are intended to establish eligibility,” he said. “For example, if a person already has refugee status in another country, they may be ineligible to make a claim in Canada,” he said. 

“Fraud and national security issues often do not emerge until the claimant is questioned. If that happens, the IRB is required by law to halt the hearing and notify the relevant Minister.”…

Source: Immigration officers don’t have latitude to probe refugee claims, experts say

AI being used to add fake details in immigration, asylum applications, federal officials say

Unfortunate but not surprising:

Artificial intelligence is being used to bolster immigration and asylum cases in Canada by generating fake narratives, including references to fabricated court decisions.

Both the federal department, Immigration, Refugees and Citizenship Canada (IRCC), and the Immigration and Refugee Board (IRB), an independent tribunal that rules on asylum applications, say they have detected the use of AI in applications containing fake or inaccurate information.

The IRB said that the use of AI in applications to stay in Canada as a refugee is creating a fresh challenge for its employees. 

“Recently, we have observed that memoranda of appeal are becoming lengthier, yet this increase in volume does not necessarily translate to stronger arguments. In fact, occasionally these documents include references to case law that do not exist or cite legal precedents for propositions they do not actually support,” the IRB in a statement. “This adds unnecessary complexity and time to our work.”…

Source: AI being used to add fake details in immigration, asylum applications, federal officials say

Fraser: Trading rights for efficiency: Why Bill C‑12’s restrictive asylum measures will likely backfire

Interesting analysis:

…The rhetoric then was nearly identical to the rhetoric today: procedural restrictions would filter out “unfounded” claims made by applicants from “safe” countries and speed up the system.

Human rights concerns aside, did these deterrence policies meet their stated goal of making the system more efficient? 

My SSHRC-funded study of 178,873 asylum claims filed between 2006 and 2017 — one of the largest independent analyses of the Canadian asylum system to date — reveals they did not

As an expert witness cited in the Social Affairs, Science and Technology (SOCI) committee report on Bill C-12, I briefed the Senate on my study.

My research was based on a statistical analysis of asylum claims filed before and after the DCO policy came into effect (2006 to 2017) and interviews with immigration lawyers and adjudicators at the Immigration and Refugee Board (IRB) of Canada’s Refugee Protection Division. To date, mine is one of the few academic studies examining what makes Canada’s immigration procedures more or less efficient. 

The Harper government rightly identified withdrawn and abandoned asylum claims as a key source of inefficiency. In my analysis, I found that these types of unfinished claims significantly contribute to application backlogs:…

Source: Trading rights for efficiency: Why Bill C‑12’s restrictive asylum measures will likely backfire

Refugee tribunal ruled on more than 45,000 cases since 2019 without in-person hearings

Yet another policy and program failure that undermines public confidence in immigration and refugees:

The independent tribunal that decides refugee claims has since 2019 ruled on more than 45,000 asylum cases based on paperwork alone without an in-person hearing, raising concerns from the Conservatives and experts that this could dilute scrutiny and compromise national security. 

Figures provided to MPs on the Commons immigration committee by the Immigration and Refugee Board show that in that period, Iranian asylum claimants have had the most claims decided without an in-person hearing, with 10,730 claims decided based on paper reviews of their files. 

Last year, 2,218 cases of alleged persecution in Iran – where the theocratic regime has imprisoned and killed scores of its critics – were decided after reviewing the files of asylum applicants, with 2,105 decided without a hearing in 2024 and 3,124 in 2023. 

Between 2019 and 2025, the IRB decided 45,595 cases through “paper processes.” These included 4,220 paper-only asylum decisions on cases from Afghanistan. There were 484 such “file-review” adjudications from Palestinians, 6,827 from Turkey, 1,273 from Yemen, 2,542 from Pakistan and 256 from Iraq, the IRB figures show. 

Asylum claimants from Haiti had 3,379 cases decided without a hearing between 2019 and 2025, including 2,471 last year. …

James Yousif, a former member of the IRB who adjudicated on cases, has been raising concerns that paper-only decisions could heighten the risk of fraud and weaken security screening.

“It is not possible to tell a true claim from a made-up claim just by reading the documents in each file,” he said in an e-mail. “Asking questions at a hearing is absolutely essential to detecting fraud and risks to Canada’s national security. There is no substitute for this.” 

Ms. Metlege Diab previously told MPs on the committee that each person claiming asylum is subject to security screening. She said decisions are made on a case-by-case basis by the IRB tribunal, which operates independently of Immigration, Refugees and Citizenship Canada.

But in an e-mail to The Globe and Mail, Mr. Redekopp expressed concern that the file-review process is being used “to expedite asylum claims without interviewing claimants, even from high-risk countries like Iran.” 

“Even worse, the Immigration Minister won’t take responsibility for this security gap, saying the IRB is independent – even though she is the minister responsible for the IRB,” he said. “Canadians expect a rigorous and thorough immigration vetting process and we are calling on the Immigration Minister to take action.”…

Source: Refugee tribunal ruled on more than 45,000 cases since 2019 without in-person hearings

A major immigration reform bill is now law in Canada. Some worry it rolls back refugee rights

No surprise that it is likely to be challenged and we will see how the courts rule, whether purely theoretically or with some practical understanding:

A major bill reforming immigration powers is now law in Canada, giving Ottawa powers to mass cancel groups of visas and setting  time limits on asylum claims in the name of bringing immigration numbers under control.

But the legislation,  passed Thursday,  has also raised concerns from a coalition of civil society groups, including Amnesty International, immigration lawyers and public sector unions, that says it places too much authority in the government’s hands and is vowing to fight it. 

“Bill C-12 attacks the rights of refugees and migrants,” Julia Sande, a lawyer specializing in privacy and migrant rights at Amnesty International Canada, said in an interview with CBC News. “It makes it harder for people to have their claims for refugee protection fairly assessed, so it puts people at risk of being deported to face persecution and torture.”

She said the mass-cancellation powers, “without any sort of individualized assessment,” amount to shirking Canada’s international legal obligations. 

Adam Sadinsky, vice-president of the Canadian Association of Refugee Lawyers, called C-12 “the most significant rollback of refugee rights in more than a decade.”

He said he has no doubt the legislation “will ultimately end up before the courts to make a decision on its constitutionality,” and said he believes refugee and immigration lawyers across Canada are advising their clients and mulling whether they have cases that would form “the basis of a challenge.”

Sadinsky and Sande’s groups are part of the broader coalition, which includes the Canadian Council for Refugees, the Canadian Muslim Public Affairs Council and public sector unions like the Canadian Union of Public Employees.

‘A dangerous path’

In a statement, the coalition warned the bill sets “current and future governments on a dangerous path by limiting the ability to seek refugee protection in Canada, […] and facilitating the sharing of personal information within and outside the country.”

The law will cancel out thousands of refugee claims, as it also retroactively bars those who came to Canada more than a year prior from filing claims with the Immigration and Refugee Board. 

Retroactive to June 24, 2020, and applying to claims made on or after June 3, 2025, the legislation would see some 19,000 applications dismissed, according to testimony by Immigration Minister Lena Diab to a Canadian Senate committee.

As for its necessity to acquire mass-cancellation powers, the government has cited hypothetical events out of its control such as wars or pandemics. It has also spoken about possible fraud in hypothetical scenarios.

However, based on internal IRCC documents, CBC News reported last fall that the department was concerned about “country-specific challenges” due to fraudulent visitor visa applications from India and Bangladesh. …

Source: A major immigration reform bill is now law in Canada. Some worry it rolls back refugee rights