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taken to a detention centre, where the officer dealing with the case decides whether he should be
detained or released. The final step in this process is taken with the removal of the person
concerned from Canada. The departure of persons to countries where there is widespread
violence is regulated by the departmental committee on conditions in various countries. As at
the end of 1999, Canada was maintaining its ban on removals to Afghanistan, Algeria, Burundi,
the Democratic Republic of Congo and Rwanda. According to statistics presented by the CIC to
the Special Rapporteur, 8,302 persons were removed from Canada in 1999.
35.
The Special Rapporteur received information on delays in reaching decisions relating to
refugee status and on the unclear situation of persons who, despite having been recognized as
refugees by the Board, have been unable to obtain permanent resident status owing to the lack of
reliable documentation as required by the Immigration Act. Since 1993, Canada has required
post-determination proof of identity for the purpose of granting residence. Before 1993,
Convention refugees recognized by the Board had been exempted from the obligation to submit
identity documents in order to apply for permanent residence. Since the adoption of this
measure, the situation of a large number of refugees appears to be unclear, since they are unable
to produce the relevant documents. In this connection and in an attempt to remedy the situation,
in 1997 Canada established the undocumented Convention refugee category. This measure was
geared to citizens from Somalia and Afghanistan who were unable to comply with the
requirement to produce reliable documentation in order to acquire residence. For these persons,
a five-year period was originally established - reduced to three years in 1999 - for obtaining
permanent residence. The Special Rapporteur received information that, despite this measure,
the problem still existed, since they were unable to obtain the necessary documents.
36.
Bearing in mind the limits of her mandate, the Special Rapporteur believes that, in view
of the particular situation of the classes of immigrants considered in Canada, there are certain
cases involving refugee claimants that merit particular attention. Within the framework of her
mandate, the Special Rapporteur has taken into account all the information presented by the
Government of Canada, by the specialized agencies of the United Nations and by NGOs.
37.
The Canadian Government grants permission for permanent residence to qualified
professionals and competent persons who, in the wording of the regulations of the Immigration
Act, fall within the “independent” class. The Government includes in this class persons who
possess education, work experience and business management experience and are compatible
with the Canadian market. The independent class comprises the following subcategories:
skilled workers and businessmen. The latter subcategory in turn comprises investors,
entrepreneurs and self-employed workers.
38.
Although immigration policy in Canada is within the competence of the Federal
Government and the provincial governments, the province’s priorities in immigration matters
come into play at the stage of selection of business persons. For example, the province of
Quebec itself selects its independent immigrants. Since 1998, Manitoba has had its own
programme for selecting immigrants. In February 1999, the Minister of Citizenship and
Immigration and the Minister of Labour of New Brunswick signed an agreement permitting this
province to take an active part in the selection of its immigrants. The province of Alberta also
has its own programmes for immigrant entrepreneurs.