NEW FAST TRACK REFUGEE LAWS DO NOT APPLY TO FILIPINOS BUT LAWS ON HUMAN TRAFFICKING DO
Immigration Newsweek
By Atty. Henry Moyal
For many asylum seekers in Canada, good news has come this week. Approximately 64,000 refugee claimants in Canada waiting for their cases to be heard could be eligible for a new fast-tracked approach to processing refugee claims.
The new procedures affect less complex cases and will involve a shorted expedited hearing — meaning the claimant does not need to appear in person before a refugee judge.
To facilitate the new system, the Immigration and Refugee Board (IRB) has created a list of countries and types of claim which it generally considers as appropriate for processing under these new rules.
But you won’t find the Philippines on that list which means that refugee claimants in Canada fearing persecution from the Philippines have a statistically low chance of success and they should proceed with caution and/or proper legal advice from a qualified immigration lawyer ( not a consultant).
The list includes gender- and aged-based claims from Iran, extortion and kidnapping cases from Libya, religious-based claims from Pakistan and cases of political or military opposition from Sudan.
Any women from Saudi Arabia who are at risk because they of gender are also eligible for the new paper-based process, as are certain types of cases from countries such as Venezuela, Turkey, Egypt, Afghanistan, Syria, Iraq and Yemen.
According to the IRB, countries or claim types with an acceptance rate of 80 per cent or higher are eligible for the new paper-based process.
Countries or claim types where identity is generally established by reliable documents are also eligible for the paper-based process, as are claims that do not involve complex legal or factual issues and claims where the type of risks faced by would-be refugees are generally not disputed.
In another newsworthy announcement this week, Canada Immigration and police freed 43 foreign workers who were basically working as slaves and brought to Canada by alleged human traffickers and forced to work as cleaners at hotels.
The 43 persons lived in squalid conditions in Ontario and earned only about $50 a month after expenses. The workers entered Canada under the false promise of being here for educational purposes or the promise of work visas and eventually permanent residency status.
It is important to remember that labour human trafficking involves the recruitment, transportation and harbouring of people for the purposes of exploitation for forced labour. It is not confined to any specific urban or rural area and could be anywhere. The 43 victims will be given special work permits to allow them to work elsewhere.
If you think you are or know someone who is a victim of human trafficking call IRCC at 1 888 242 2100 for help. You may be able to obtain health benefits and you do not have to testify against your trafficker to get temporary or permanent resident status. There is no fee for an initial TRP or a work permit for victims of trafficking.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario. The above article is general advice only and is not intended to act as a legal document. Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193
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