Canada’s Immigration Lawyers Struggling Under ‘Major Pressure’ Backlog Of Asylum Claims

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Canada’s Immigration Lawyers Struggling Under 'Major Pressure' Backlog Of Asylum Claims
Canada’s Immigration Lawyers Struggling Under 'Major Pressure' Backlog Of Asylum Claims

Although politicians of Canadian provinces Quebec and Ottawa are claiming that they are prepared for any jump in the numbers of asylum seekers, immigration lawyers working on ground state that they are struggling to handle the backlog of refugee claimants.   

Latest government data shows that the delay in processing applications is increasing.

Since February last, around 14,467 asylum seekers have registered their claims after entering Canada illegally, and 12,895 of the cases are still pending.

Jean-Sébastien Boudreault, president of Quebec’s  association of immigration lawyers said that there was “major pressure” which wasn’t going to reduce anytime soon, so long term solutions were important .

He highlighted that it was quite common for a hearing before the Immigration and Refugee Board (IRB) to get cancelled at short notice , often without a rescheduled date.

The average length of wait time for claimants waiting to appear before the IRB is now 16 months which officials have said is likely to go up further.

Withdrawal of TPS Progam By US May Exacerbate Situation

The US government’s announcement that it is planning on ending the temporary protected status (TPS) program available to Haitians by mid-2019 has raised fresh concerns on whether Canada’s system will be able to withstand further inflow of Haitians seeking asylum.

The Haitians who are residing in the US under the provisions of the TPS program have to apply for permanent residency within 18 months of arrival else they face deportation. Many of them came to the US after the devastating 2010 earthquake.

The possibility of the progam being terminated has led to a sharp increase in people crossing illegally to Canada to claim asylum this summer. With numbers soon crossing 200 a day , Canadian authorities were caught off guard.

Subsequently the Canadian federal government launched a campaign to remove misconceptions regarding Canada’s immigration program which may led to the sharp rise in asylum seekers.

Trailers have been set up near the widely used illegal crossing near Saint-Bernard-de-Lacolle in Quebec with further staff being added to assist in the claims processing.

According to Boudreau there are just 30 legal aid lawyers available for these claims. This could result in some applicants going through the process without any legal representation, according to Éric Taillefer, an immigration lawyer.

He noted that there might be several cases where “people are going to end up in a system that they don’t understand, where they are a bit lost.” Taillefer said there might be a chance that not everyone will be represented correctly.

Immigration to Canada “not for everyone”

Of the claims heard so far by IRB, Haitians make up 6,304 , out of which 298 has been finalized, with just 29 so far accepted.

Federal Immigration Minister Ahmed Hussen pointed out that the “very low” percentage of successful claims should act as “a cautionary tale” for those planning on entering Canada illegally from the U.S.

Hussein emphasised that entering Canada must be done via regular channels and that the asylum system was only for those in “genuine need of protection.”

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