REFUGEE APPEAL DIVISION IMPLEMENTATION DELAYED

OTTAWA, April 29, 2002 -- The Honourable Denis Coderre, Minister of Citizenship and Immigration Canada, today announced that the implementation of the Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB) is being delayed. As part of the new Immigration and Refugee Protection Act, the RAD was to be instituted on June 28, 2002, on the date when the new Act comes into force.

"The Canadian refugee determination system is facing an unprecedented increase in refugee claims. The number of claims almost doubled over the last three years, with the most dramatic increase in 2001. Because of the pressures on the system, we are delaying the creation of the Refugee Appeal Division within the IRB and focusing first on current challenges, namely, implementing other aspects of the Act while reducing the inventory and processing times," said Minister Coderre.

The refugee determination system is working and is fair. Canada's humanitarian tradition of offering protection to those in genuine need is recognized worldwide. The Refugee Appeal Division would provide failed refugee claimants with the right to a paper appeal of a negative decision from the IRB. However, even without the RAD, unsuccessful refugee claimants have the right to apply for judicial review to the Federal Court, Trial Division, with permission. Those who feel they will be at risk if they return to their country of origin can apply for a Pre-removal Risk Assessment before they are removed. They have the right to remain in Canada during these proceedings.

"The Government of Canada remains committed to an efficient and fair refugee determination system. The IRB will take all available measures to ensure that claimants continue to be assessed fairly, effectively and in a consistent manner. Over the next year, the impact of delaying the RAD will be monitored and assessed, after which any measures deemed necessary will be taken," said Minister Coderre.