E/CN.4/2001/83/Add.1
page 9
for permanent residence from within Canada. The person concerned has 15 days in which to
submit this application from the date of the negative decision by the Board. It should be noted
that there are limits on the possibility of making this application. These exclude persons who
were determined as ineligible to claim refugee status; persons who have withdrawn their claim or
whose claim has been declared abandoned; persons who have left Canada since their claim was
refused; persons who have been convicted of a serious offence; persons responsible for war
crimes or crimes against humanity, or who have been found guilty of acts contrary to the
purposes and principles of the United Nations; and persons who have left Canada and returned
from a contiguous territory (United States of America, St. Pierre and Miquelon) in order to file a
second claim within six months of their departure.
33.
The Immigration Act envisages the possibility, for claimants who have not been
accepted, of submitting an application for review of their case on humanitarian and
compassionate grounds, these cases being known as “humanitarian and compassionate landings”.
The granting of this measure is also within the competence of the CIC. The possibility covers all
claimants, including those considered eligible and non-eligible. In this case, the claimants have
to pay the cost of the review. Immigration officers from local offices have authority to consider
applications for permanent residence falling within this category. Exceptionally, the Minister of
Citizenship and Immigration may decide to review the case. According to the statistics
presented by the Government to the Special Rapporteur, in 1999 30,868 asylum applications
were made in Canada. Of these, 29,431 were admitted and referred to the Board. A total of
12,981 persons received a positive decision while the applications of 9,387 were refused.
According to the Government’s statistics, 46 per cent of asylum-seekers are accepted in
Canada. From the beginning of the year 2000 until the date of completion of this report
(October) 30,763 persons had requested leave to apply for asylum. Of these, 25,178 were
accepted as eligible to make the application: 10,815 have received a positive response, 8,124 a
negative response and 2,074 persons have withdrawn their request. The Government states that
the acceptance rate during the period in question has been 48 per cent. As to persons who, after
their request has been refused, asked to be included in the PDRCC category, the Government
informed the Special Rapporteur that during 1999, 6,976 decisions were taken, of which
142 were positive. In the year 2000, according to estimates covering the period to the date of
completion of this report, it was expected that 4,315 decisions would be taken, of
which 24 would be positive.
34.
In accordance with Canadian legislation, persons who do not comply with the
Immigration Act are required to leave the country under a removal or deportation order. This
order is issued by a senior immigration officer or an adjudicator, who determines that a person
must leave the country within 30 days, as established by the immigration regulations. A
conditional removal order is issued when the IRB’s Convention Refugee Determination Division
refuses a claim or when a negative decision is reached in the PDRCC process. According to the
CIC’s information on this matter, resolving these cases takes over one year. Once the case has
been referred to the removals and deportations office, the officer assigned to the case examines
the file and determines the necessary measures in order to effect removal. When the person in
question does not comply with the deportation order (which occurs in about 50 per cent of cases,
according to the CIC), the officer dealing with the case issues an arrest warrant for the purpose
of subsequent deportation. When, after the warrant has been issued, the person is found, he is