The government of Canada has introduced Bill C-2, titled the Strong Borders Act which proposes substantial amendments to the Immigration and Refugee Protection Act (IRPA) and related legislation. If passed, the bill will affect refugee claimants, immigration applicants and the lawyers who assist them.
The proposed amendments restrict eligibility for certain applications, expand government authority, and introduce new requirements for both immigration officers and claimants.
One of the most significant proposed amendments expands the Minister of Citizenship and Immigration’s authority to share personal immigration information with the federal and provincial government agencies. These disclosures aim to support coordination in law enforcement, fraud prevention and improve service delivery and, will substantially enhance the government’s data-sharing powers.
The bill also eliminates the Designated Country of Origin regime, removing the list of countries considered presumptively safe for claimants. This expands access to the refugee protection system, allowing individuals from those countries to now pursue claims in Canada.
Under the new regulations, claimants will be required to submit specific documents, and failure to do so may result in the claim being deemed withdrawn or abandoned before it is even referred to the Refugee Protection Division.
If a claimant is outside Canada, proceedings at both the RPD and the Refugee Appeal Division must be suspended.
In addition, the Governor in Council will have the power to suspend, terminate, or refuse to process certain immigration applications if it is a matter of public interest.
Immigration documents can also be cancelled or modified on public interest grounds. Any applicant affected may be compelled to appear before officers to answer questions and produce documents.
The bill also introduces two new grounds of ineligibility for refugee protection. Claimants will be considered ineligible if:
(a) The claimant entered Canada over 12 months ago and did not make a claim for refugee protection within that period.
(b) The claimant entered Canada between regular points of entry and fails to make a claim for refugee protection within a time frame to be set by regulation.
This proposed regulation may be applied retroactively and could affect individuals who are already in Canada but have yet to make a claim for protection. Under the new bill, those individuals would be ineligible.
Lastly, Bill C-2 proposes to compel electronic service providers to aid law enforcement and security agencies operating under valid legal authority such as the Criminal Code or CSIS Act, with access to information through the enactment of the Supporting Authorized Access to Information Act.
With stricter rules and the expansion of government power and access to information, the bill proposes significant changes to how refugee claims and immigration applications are processed in Canada.
Applicants, representatives, and lawyers must ensure to remain informed and act accordingly.
Should you have any questions about how these changes might affect your application, be sure to contact our firm, JBLaw Professional Corporation, Toronto
Email: [email protected]
Tel: 4167335511/4167335512