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above-mentioned provision of the 1976 Act, “any immigrant, including a Convention refugee,
and all dependants, if any, may be granted landing if it is established to the satisfaction of an
immigration officer that the immigrant meets the selection standards established”. Canadian
citizens and permanent residents in Canada may sponsor the application for landing of a relative
or an immigrant belonging to one of the classes recognized by the Act.
23.
The Act covers two methods of applying for immigrant status. First, there are those
people who are considered to be refugees outside Canada and arrive in the country with
guarantees of permanent residence, and then there are those who ask to be considered as refugees
at the port of entry or within the country. Canada is managing the second largest refugee
resettlement programme in the world, adopting a broad approach to the 1951 Convention.
During the past decade, Canada has resettled more than 140,000 refugees originating from all
continents. Although the great majority of resettlement cases are sponsored by the Government,
the law also admits the possibility of private sponsorships. The Government has a
well-developed protection and reception system. The Special Rapporteur visited a reception
centre in Toronto run by COSTI, an organization which provides social assistance and education
for recent arrivals in Canada, and had the opportunity to look at the facilities provided and to talk
to a group of refugees who were housed there.
24.
Since 1989, the determination of the status of refugee claimants at the port of entry or
within Canada has been effected by means of a quasi-judicial process carried out by an
independent decision-making body known as the Immigration and Refugee Board (IRB). The
Act establishes three stages in the determination of status procedure. The first involves the
decision of the senior immigration officer on whether the claim is admissible. To this end, the
officer studies the case and the documentation, if any, of the claimant and refers admitted claims
to the Board.
25.
If the claim is admitted, the person is allowed to enter Canada pending a hearing to
consider his refugee status. A refugee claimant receives protection once he is considered to be a
Convention refugee, in accordance with the Canadian Immigration Act, the 1951 Convention
and the 1967 Protocol. Also in conformity with the Convention, a refugee enjoys protection
against forcible repatriation to a place where he could be persecuted.
26.
The holding of the above-mentioned hearing is the responsibility of the IRB. If a person
considered to be a refugee proves to have a criminal record, an immigration officer can
reconsider his eligibility. It may also be reconsidered if it is found that the positive
determination was based on fraud or misrepresentation.
27.
If the claimant does not have documents proving his identity or there are grounds for
believing that he will not appear at the hearing to determine his status or that he may constitute a
danger to society (because of his criminal record), he is detained pending the hearing. In this
case, the claimant has the right to a review of the detention order within his first 24 hours of
detention. If he remains in detention without a decision on the case, he is offered a further
review within 7 days, and at the latest 30 days while still in detention.