Canada: thousands of Haitians hit by Bill C-12
Rédaction Intexto ·
François Jean-Denis, immigration specialist, explains and analyzes the implementation of this new legislation.
Asylum claims from people who enter Canada between entry points along the Canada-United States land border and who make a claim after 14 days will not be referred to the Immigration and Refugee Board (CISR). Bill C-12 received royal assent yesterday, March 26, and has therefore come into effect.
This legislation is even retroactive. Asylum claims submitted more than one year after a person's initial entry to Canada after June 24, 2020 will also not be referred to the CISR. And this applies "even if the person has left and returned."
"These new eligibility requirements will reduce pressure on the asylum system, protect it against sudden increases in claims, fill gaps and deter people from seeking asylum by using this as a shortcut to regular immigration pathways," states Immigration Canada in a press release.
Exception to the rule
Guidelines will be provided to officers so they take into account the particular circumstances of unaccompanied minors, given the absence of a legal guardian.
People affected by these new rules will still have access to a pre-removal risk assessment (ERAR) to prevent them from being returned to a country where they face risks such as persecution, torture or other harm.
Furthermore, no changes are being made to the application of the Safe Third Country Agreement. People who make a claim at a Canada-US border post or within 14 days of an irregular entry continue to be returned to the United States, unless they meet the conditions for an exception or exemption.
Claimants who have family in Canada (father, mother, aunt, uncle, nephew or niece) are exempt from these measures.