Refugee Services in Rexdale

Rexdale is located within an ‘urgent priority’ neighborhood of Toronto with a large number of new immigrant families; a demonstrated need for refugee services.

Since April 1, 2011 Legal Aid Ontario has issued 301 Certificates to clients residing in the M9W, M9V, M9R, and M9P postal code prefixes, which allow clients to seek out private immigration law services who accept LAO certificates. Nearly half of these certificates have been issued to clients who originate from Somalia and Nigeria.

US Blackhawk helicopter over Mogadishu on the Day of Rangers

PHOTO: US Department of State

Somalia has been in a de facto state of civil war since 1991 when the communist dictatorship of Mohamed Siad Barre was ousted by a coalition of rebel movements.

Nigerian troops with US C130 transport aircraft

PHOTO: US Department of State

Nigeria has been plagued by ethnic conflict and violent disputes over oil since the country regained democracy in 1999, after 33 years of military rule.

Refugee Certificates issued by LAO in Rexdale from April, 2011 to Present:

COUNTRY of ORIGIN Number of LAO Certificates Issued
SOMALIA 103
NIGERIA 43
Pakistan 16
Hungary 9
Poland 8
St. Vincent & the Grenadines 8
Afghanistan 8
Namibia 7
India 6
Hon. Jason Kenney, Minister of Citizenship, Immigration and Multiculturism speaks to media Day 31st, 2010 on the proposed Balanced Refugee Reform Act, introduced in the House of Commons on March 30.

PHOTO:  Dave Abel / Toronto Sun / QMI Agency.

Balanced Refugee Reform

On 15 December 2012, important changes to Canada’s refugee determination system came into effect. The Balanced Refugee Reform Act brought many changes to the refugee protection system. Intended to deliver faster decisions, deter abuse and quickly remove persons not in need of Canada’s protection.

“Our changes will make Canada’s asylum system faster and fairer,” said Canada;s former Minister of Citizenship and Immigration and current Minister for Employment and Social Development and Minister for Multiculturalism, The Honorable Jason Kenny. “For too long, Canada’s generous asylum system has been vulnerable to abuse. Under the new asylum system, genuine refugees fleeing persecution will receive protection more quickly. At the same time, bogus asylum claimants and those who abuse our generous system at great expense to taxpayers, will be removed much faster.”

Changes to Immigration and Refugee Protection Act

  • The Personal Information Form is now referred to as the Basis of Claim
  • 28 day time line to submit this form has been reduced to 15 DAYS
  • A hearing will take place no longer than 60 days from the day the claim is made.

This is down from the average 600 days to receive a hearing (CIC).

TIME LINE: Claim made at Port of Entry (ex. Pearson Airport)

  • Day 1- Arrive in Canada-Complete eligibility forms-have eligibility interview-receive BoC and RPD Hearing date
  • Day 10- Deadline for submitting address and telephone number to CBSA
  • Day 15: Deadline for Submitting BoC Forms to IRB-RPD
  • Day 50 (approx) Deadline for submitting all documents to the IRB-RPD
  • Day 60-REFUGEE HEARING
Terminal 1 of Pearson International Airport in Toronto, ON

PHOTO: AcidBomber at en.wikipedia (GNU Free Documentation License)

Designated Countries of Origin

DCOs are countries that do not normally produce refugees, and respect human rights and offer state protection. Claimants from a DCO will have their asylum claim heard faster (30-45 Days) and will not have access to the new Refugee Appeal Division (RAD) at the IRB.

Concerns in the context of female claimants

 With very short timelines for filing forms and for the refugee hearing many women will find they don’t have enough time to prepare for the refugee hearing. It takes time and trust to be ready to speak about traumatic experiences, especially sexual violence. Documentation of human rights abuses against women is not always readily available. It is also more difficult to meet short timelines if you are juggling childcare.

Because of the barriers to legal representation more claimants will be left unrepresented in the new system. Negotiating the refugee process without a representative is particularly difficult for women who have had limited access to education or relevant professional experience.

Woman wearing a hijab

PHOTO: luisrock62, stock.xchng

The Basis of Claim form (BoC)

The Basis of Claim Form is a crucial document that a refugee claimant must fill out for the Immigration and Refugee Board. It is used to determine if they have a valid claim. If information is missing, incorrect, or inconsistent, the Board could refuse the claim.

At the hearing, the claimant will have to answer questions about what they said on the Basis of Claim Form. A Board member who thinks that the claimant has not told the truth—for example, by inventing harm or threats—will refuse the claim.

What Rexdale Community Legal Clinic is doing

  • Prepare and file Basis of Claims with the Refugee Protection Division (RPD)
  • Prepare and represent claimants at the RPD of the Immigration and Refugee Board

Tips for Refugees and community agencies

  • If you are looking to make a refugee claim, contact Rexdale Community Legal Clinic immediately. If you are not within our catchment area we can still give summary advice and will issue appropriate referrals
  • If a client is looking to make a refugee claim, make an immediate referral to Rexdale Community Legal Clinic
  • A potential refugee should never go to CIC without seeking legal advice first-once they do the stringent timelines are triggered!
  • Please Rexdale Community Legal Clinic with any questions and we will be happy to assist

Rexdale Community Legal Clinic's Logo

Advertisements
%d bloggers like this: