OEA/Ser.L/V/II.106 Doc. 40 rev. February 28, 2000 Original: English
REPORT ON THE SITUATION OF HUMAN RIGHTS OF ASYLUM SEEKERS WITHIN THE CANADIAN REFUGEE DETERMINATION SYSTEM
TABLE OF CONTENTS
I. BACKGROUND
The On-Site Visit Carried Out in October of 1997 Processing and Approval of the Report
II. INTRODUCTION III. SOURCES AND SYSTEMS OF PROTECTION A. International Instruments B. Regional Instruments C. Domestic Law IV. ACCESS TO THE REFUGEE DETERMINATION SYSTEM IN CANADA
II. INTRODUCTION
III. SOURCES AND SYSTEMS OF PROTECTION
A. International Instruments B. Regional Instruments C. Domestic Law
A. International Instruments
B. Regional Instruments
C. Domestic Law
IV. ACCESS TO THE REFUGEE DETERMINATION SYSTEM IN CANADA
A. Overview of the Application and Determination Process
B. Issues Concerning Access to the Determination Process under the American Declaration and other Applicable Law
Eligibility Screening on the Grounds of Criminality and National Security and Public Order The Absence of Means to Reopen the Convention Refugee Determination Process to Present New Information The Situation of Persons Recognized as Convention Refugees but Lacking Sufficient Documentation of their Identity for Landing
Security and Public Order
Determination Process to Present New Information
Lacking Sufficient Documentation of their Identity for Landing
V. THE RIGHT TO ASYLUM AND ITS ATTENDANT PROTECTIONS AND TO SEEK JUDICIAL PROTECTION THEREFORE
A. The Procedures Available to a Refused Refugee Claimant to seek Judicial Review
B. Procedures to Seek Administrative Review
C. The Availability and Efficacy of these Procedures in Light of the American Declaration and other Applicable Law
1. The Availability of Judicial Protection 2. The Significance of the Absence of a Review on the Merits under the Declaration and other Applicable law 3. The Scope of the Refugee Determination and Review Process with Respect to the Right to be Free from Torture 4. Access to Legal Representation through Legal Aid
1. The Availability of Judicial Protection
2. The Significance of the Absence of a Review on the Merits under the Declaration and other Applicable law
3. The Scope of the Refugee Determination and Review Process with Respect to the Right to be Free from Torture
4. Access to Legal Representation through Legal Aid
VI. SPECIFIC RIGHTS AT ISSUE IN EXCLUSION AND REMOVAL PROCEEDINGS
A. The Right to Liberty under the American Declaration
1. Detention Procedures Generally 2. Access to Review of the Legality of Detention and Length of Detention under the American Declaration 3. The Security Certificate Regime: Access to Review of the Legality of Detention, and the Length of Detention under the American Declaration
1. Detention Procedures Generally
2. Access to Review of the Legality of Detention and Length of Detention under the American Declaration
3. The Security Certificate Regime: Access to Review of the Legality of Detention, and the Length of Detention under the American Declaration
B. Respect for Family Life and the Rights of the Child under the American Declaration
VII. CONCLUSIONS AND RECOMMENDATIONS
