Opening Statement to the Committee on Citizenship and Immigration

Chapter 25 - Citizenship And Immigration Canada And Immigration And Refugee Board - The Processing Of Refugee Claims (December 1997 Report of the Auditor General)

Richard Flageole, FCA
Assistant Auditor General

Mr. Chairman, I would like to thank you for giving us the opportunity to discuss chapter 25 of our Report of December 1997.

The primary role of the Office of the Auditor General of Canada is to serve Parliament. I mention this to emphasize the independent nature of our audits and reviews. Our purpose is to provide Parliament with objective information, advice and assurance. As provided for in the Standing Orders of the House of Commons , our reports are referred to the Public Accounts Committee. Nevertheless, we are pleased to respond to any inquiries from parliamentary committees and subcommittees such as yours.

We are here today to present the results of our audit of the processing of refugee claims. As per your request, our focus will be on matters relating to the handling of failed refugee claims.

Generally speaking, Mr. Chairman, we have noted that results under the existing system are disappointing. We are especially concerned by the size of the backlog, the lengthy processing times at both the Board and the Department, and the difficulty of carrying out removals. At 31 March 1997, some 37,500 claimants were awaiting a decision by the Department or the Board with regard to their claims. We estimate that a person claiming refugee status can count on staying in Canada for an average of more than two and a half years.

With regard to failed claimants in particular, Citizenship and Immigration Canada could confirm, by the end of our audit, the departure of only 4,300 of the 19,900 claimants who should have left the country. The low rate of success in sending back those who are not in need of protection fosters a notion that it is easier to immigrate to Canada by claiming refugee status than by going through the regular immigration channels. To preserve the integrity of the immigration program, removal orders need to be carried out quickly. This is the message we conveyed in our 1990 Report and have repeated in our 1997 Report.

Claimants who are denied refugee status by the Immigration and Refugee Board would normally be required to leave Canada soon after the decision is made. However, the files go through a slow, complex process and many cases remain unresolved. Failed refugee claimants are generally entitled to a reassessment of their need for protection - a reassessment based on the risk of return. This reassessment adds to processing times and contains ambiguities that raise questions about its merit. Finally, because of the time taken to arrive at decisions, claimants settle in and create ties within Canadian society. After a while, it becomes very difficult to remove them. Some therefore apply for permanent residence on humanitarian and compassionate grounds.

Although we did not conduct a thorough audit of the removals function, we did attempt to determine what factors make it difficult for the Department to carry out removals quickly. Among the factors noted is the time that elapses between the Immigration and Refugee Board's decisions and the decisions connected with supplementary review mechanisms, as well as the fact that some countries take a long time to issue travel documents to their nationals, or even refuse to do so. Apart from these factors, a number of individuals delay leaving the country or, in fact, elude the Department.

We have also noted that Citizenship and Immigration Canada has insufficient information to manage removals adequately. For example, the Department does not know exactly how many persons are ready for removal. The lack of co-ordination and management information impacts on the effectiveness of the removal process.

As indicated in our Report, there are inherent limits to the improvements that can be made in the performance of the existing system. Choices that we as a society make significantly influence this performance. Your Committee will need to take this into account in its review of issues related to detention and removals. The task will no doubt be a complex and delicate one.

In 1995-1996, the Department conducted a review of the operational context and the rules and procedures pertaining to removals of individuals under the Immigration Act . The Committee may wish to question the Department about its follow-up on the ensuing report. It may also wish to take a closer look at the Department's removals strategy and inquire about expected and actual results.

Mr. Chairman, as requested, my remarks have focussed on that part of our chapter that deals with the handling of failed refugee claims. It is important, however, to bear in mind our overall assessment, to the effect that there is a need for a thorough review of the process. The entire infrastructure for co-ordination and control of activities needs to be improved. The process must quickly grant protection to those who genuinely need it and discourage those who do not require or deserve Canada's protection from claiming refugee status. We hope to have the opportunity to discuss this matter further with you.

This concludes my opening statement, Mr. Chairman. We would be pleased to answer your Committee's questions.