E/CN.4/2001/83/Add.1 page 7 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.

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