Derecho de Refugiados en el sur de América Latina ...
180.
al
the persoo has been
recogni.zed
as
a
Convenllon rarugas
by
another country and
can
return
10
lha!
country.
b)
the person has arrived In·Canada kom
a
counlry prescribad as one which does
not
retum relugees lo countries whera thelr
lifa
or
/reedom would be thraalened far reasons of
race, religion, natíonality or membership
In a
social
group or
poIilical
apinion.
e) a person
has
been faund ineligíble or
ha$
been delermíned
no!
lO
be
a refugee
by
!he
Refugee divlsion and has retumed lo Canada
within
90
days.
~
d)
the person has previously been determinecl
10
be
a
refugee by the Refugee Divisioo
Ot
was
selected to come to canada as a rerugee by
a visa officer.
e) persons found by an adjudicator lo have been
convicted
01
serlous crimina! offenses.
terrorists. subversives, war crimina/s,
and
who the Minister
01
Immígralion
nas
determin–
ed
should noí be in Canada because' of the
naliona! interes!o
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Where
a
claJm is ineligibte
10
proceed
10
a
hearing be/ore the Re/ugee Division. the senior
immigration offlcer may issue a remova! arder to
the retugee claimanL Where
a
person has been
found ineligible because he or she
has
come
10
Canada from a eounlry with whid'l Canada
has
an agreemenl on sharing rasponsibility
ter
refugee claims. the remolÍa! order will be effected
without delay.ln
most
other cases
tI'le
execution
of Ihis remova! order
is
automatically
S!ayed
for
a
period o,
7
days so thal Ihe person may,seek
legal
advice regardJng Ihe possibility of
a
judicial
review of the eligibility deeision by the Federal
Court
of Canada.
Where a claim
is
eligible tor
a
hearing befora
tI'le
Aefugee Oivision. the senior immigration officer
will issue a conditional. removal order which
would only take eNea
ii
the ReftJgee
Oivi$íon
found theperson
not
10
be a refugea.
If
the
person ís determinad to be a refugee !he
conditiona! order is of no effeet.
Members of the Convention Refugee
Oetenninatlon Division (often raferrad to as
rerugae board members)
are
¡ndependent
decision makers who are appointed by
Order-In–
Council. They may hold oHica duling
goOO
behaviour far
a
maximum period
01
7
years.. They
recaive extensive traíning and have
acces.s
to
one 01 Ihe wofld's finest relugee doCIJmentation
centres lo ald them in makiog declslons.
They
are
&Jbjea
lO
suspensian
or
remova!
ter
reasons
'mi)
Incapacity. íncompelence or
misconduct.
"
~~e
The Relugee Oivision détennlnes whether
a
person
is
a
Conventicn rafugee on
the basis
of
an
oral heariog. Thís hearing
is
held
in-camera
ánd
is
conducted
in
an informal
and
non-advarsarial
manner. Refugee claimants are provided
ever¡
opportunity lo establish why
they
consider
themselves lO
be
refugees. A Refugee Heartng
Officer
may facilitate Ihe presentation
of
evidence
pertaín.ing to Ihe daim. The only exceptlon
lo
the
in-camera rufe occurs where a member
of
Ihe
public seeks
aCCe5S
to
!he hear1ng
and
tI'le
refugee daimant
is
unable to demonstrate
that
an
open hearlng will threaten their
~fety.
Generally, two board members will hear
the
daim. aJthough
in
some instances where
the
claimant agrees, the claim may
be
heard
and
delermined by pne Board metnber.
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In mas! cases a favourable decision by only one
Board member wiU determine
that
a
person is
a
Convention refugas.
Under
eertain specirlC sets
ot
círcumstances. however. the refugee
cJaimant
will be required to satisfy both Board members.
This additionaJ burden at proaf on Ihe refugee
claimant comes into play whera a refugee
claimant
has:
a)
without
valid reason. destroyed
his
or her
.ídentity
documenl:S;
b) since making
a
claim lo refugee status,
returned to the country where he
or
she
alleges persecution; oro
e) daimed persecution in a countty which
tha
GovernOf"-in-Council has recognized
as
one
which respects human rights.
Throughout !he. refugae detenninatíon
process.
daimants can either speak for Ihamselves
Ot
be
representad by counsel.
Everyone
has
the right to counsel.
If clalmants
do
not wish lo
be
reptesented by a lawyer.
a
friendo
a
relatlve or anyone else who
can
help
them
make submissions. rerugaa elaimants may
represent themselves jf lhey so desire.
Where a claim
iS
accepted
by
the
Refugae
Oivision Ihe relugee may apply
tor
permanetlt
resident status. This appIication must
be made
within 60 days of Ihe decisioo. 1mi'ne<:fl3te family
memoers. whether in Canada or abroad.
may
toe
