Minister For Immigration Research Articles

The Backlog: Barbara's Achilles Heel?

Barbara McDougall, our Minister of Employment and Immigration, has managed a brilliant balancing ad. She has raised the immigration plan to 250,000 per year without arousing a massive backlash. She has refused to introduce the draconian and unworkable provision for turning back refugee claimants amving from countries where they sojourned for more than 48 hours and where they theoretically could have made a refugee claim. The new refugee determination system is sputtering along in spite of the slow pace of reform, many inexperienced refugee lawyers and the large number of claimants. Is Barbara's Achilles heel the backlog, those refugee claims dating back two and more years prior to the introduction of the new system? The Interchurch Committee claimed, in its brief to the United Nations Committee on Human Rights, that there are 101,853 cases in the backlog and 122,223 affected individuals, though the department operates on the assumption, for planning purposes, that there are still only 85,000 cases because that is the number for which the department was funded. The irony may be that, in fact, the latter is close to the correct figure because of poor departmental record keeping double counting, including old files in the estimates, etc. We will use theestimate of 85,000 cases. On December 28, 1988, Barbara announced that she was launching a two year plan to clear up the refugee claims backlog through a case-bycase hearing system to determine which claimants were credible or had humanitarian and compassionate grounds to be allowed to remain. The backlog was supposed to have been cleared up by the end of December 1990. As of the end of October 1990, there are still 58,432 undecided cases. By September of 1991, the revised deadline for clearing up the backlog, will the task be done? To the end of October 31,1990, only 167 individuals have actually been Howard Adelman

Schlieske v. Minister for Immigration and Ethnic Affairs and Others

214 Aliens — Expulsion — Deportation — Purposes of deportation — Use to achieve disguised extradition — Whether improper — Alien entering Australia illegally using false passport — State of nationality failing to secure extradition — Deportation order — Minister specifying deportation to State of nationality on board aircraft owned by government of that StateExtradition — Disguised extradition — Attempt to achieve object of unsuccessful extradition request by means of deportation order — Propriety — The law of Australia

Damouni and Another v. Minister for Immigration, Local Government and Ethnic Affairs

182Aliens — Deportation — Refugees — Asylum — Criteria for grant of — Relevant factors for consideration — Test of well-founded fear of persecution — Geneva Convention relating to the Status of Refugees, 1951 — New York Protocol relating to the Status of Refugees, 1967 — Grant of residency permits on humanitarian and compassionate grounds — Criteria for humanitarian and compassionate grounds — Duties of State in assessment of refugee statusTreaties — Interpretation — Geneva Convention relating to the Status of Refugees, 1951 — New York Protocol relating to the Status of Refugees, 1967 — Well-founded fear of persecution — Meaning — Whether test subjective or objective — Relevant factors for consideration — The law of Australia

Ashby v. Minister of Immigration

Aliens — Entry — Discretion of Minister of Immigration to grant entry permits — Scope of discretion — Whether a duty to have regard to State’s international obligations when exercising discretion — Visiting sports team from South Africa to New Zealand — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Effect of Convention in municipal law — Whether reference to specific group required in Convention to render an action a violation of the ConventionRelationship of international law and municipal law — Treaties — Application by municipal courts — Incorporation into domestic law — Entry permits — Whether Minister of Immigration’s discretion to grant permits to be exercised with regard to State’s international obligations — Whether treaties require full incorporation into municipal law to impose duty on Minister to have regard to treaty when exercising discretion — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Visiting sports team from South AfricaTreaties — Application — By municipal courts — Whether full incorporation into domestic law required to make treaty enforceable in municipal law — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Whether Minister exercising a discretion bound to have regard to State’s international obligations — Whether duty imposed depends whether importance of issue such that Parliament must 204have intended that exercise of discretion performed in light of international obligations in absence of specific incorporation — The law of New Zealand

Re Adjei and Minister of Employment and Immigration

709Aliens — Criteria for grant of refugee status — Requirements of “Convention refugee” — Well-founded fear of persecution — Extent of probability or possibility required to fulfil objective test of whether fear of persecution well-founded — Canada Immigration Act 1976 — Geneva Convention Relating to the Status of Refugees, 1951Relationship of international law and municipal law — Treaties and foreign judgments as aid to interpretation of municipal statute — Criteria for grant of refugee status — Extent to which well-founded fear of persecution must be objectively based — The law of Canada

Fundamental Justice and Family Class Immigration: The Example of Pangli v. Minister of Employment and Immigration

Fundamental Justice and Family Class Immigration: The Example of Pangli v. Minister of Employment and Immigration

The Commonwealth of Literacy: Literacy, Distance Education and Refugees

Flora MacDonald was the guest speaker at a seminar organized by the Centre for Refugee Studies on October 22, 1990 at McLaughlin College, York University. Canada's former Minister of Employment and Immigration and of External Affairs is now a coordinator with the Commonwealth of Learning, an autonomous institution created by the Commonwealth of Nations in 1987. Her personal interest in refugees and education has been integrated in her current project, which is to coordinate the setup of distance education, literacy and literacy training programs for refugees in southern Africa. The seminar brought together experts in fields ranging from distance education, literacy, literacy training, refugees to international development. The seminar was designed with the intention of giving initial feedback to the Commonwealth of Learning's plan to set up programs for refugees in Southern Africa as well as to set up an informaI network of experts to assist in the general direction of the Centre's project.

An Open Letter to the Immigration Minister

An Open Letter to the Immigration Minister

New Guidelines on Discretionary Powers

On March 20, 1990 Employment and Immigration Minister Barbara McDougall brought forward new guidelines for immigration officers regarding the application of humanitarian and compassionate considerations when reviewing refugee claims. The guidelines, which we reproduce below, were announced in response to the recent Federal Court of Canada judgement rendered by Associate Chief Justice James Jerome in the case of Ken Yung Yhap. In announcing her response, the Minister rejected any suggestion of an amnesty and said that she intends to continue the refugee backlog clearance program.

Case Comment: Ictensev v. The Minister of Employement and Immigration

Case Comment: Ictensev v. The Minister of Employement and Immigration

Ceskovic v. Minister for Immigration and Ethnic Affairs

The individual in international law — Aliens — Expulsion of — Procedure — Refugees — Whether decision of expulsion reached in accordance with due process of law — Opportunity to seek admission to another country — Principle of 'non-refoulement' — Convention Relating to the Status of Refugees, 1951, Articles 32 and 33 — The law of Australia627The individual in international law — Aliens — Expulsion of — Right of expulsion — Refugees — Geneva Convention Relating to the Status of Refugees, 1951, Articles 32 and 33 — Right of country of refuge to deport — Principle of ‘non-refoulement’ — Risk to life or liberty if refugee deported — Administrative review — Whether refugee a danger to the community — Procedure of expulsion — Whether decision of expulsion reached in accordance with due process of law — Opportunity to seek admission to another country — The law of Australia

Hurt v. Minister of Manpower and Immigration

The individual in international law — Aliens — Admission of aliens — Convention Relating to the Status of Refugees, 1951 — Fugitive of Polish origin and nationality — Four years in Federal Republic of Germany before travelling to Canada — Claim to refugee status in Canada — Whether necessary to show fear of persecution in Federal Republic of Germany — Definition of refugee contained in Article 1A(2) of Convention — Whether Convention ceased to apply to applicant by virtue of residence in Federal Republic of Germany — Article 1C(3) and E — The law of Canada

Re Hardayal and Minister of Manpower and Immigration

The individual in international law — Aliens — Expulsion of aliens — Procedure — Cancellation of temporary immigration permit — Whether necessary to observe principles of natural justice — The law of CanadaThe individual in international law — Aliens — Expulsion of — Right of expulsion — Cancellation of permit — Whether to be made on quasi-judicial basis — Procedure of expulsion — Whether necessary to observe principles of natural justice — Whether decision of cancellation reviewable by Courts — Immigration Act 1970 — The law of Canada

Singh v. Minister of Employment and Immigration

Singh v. Minister of Employment and Immigration

AUSTRALIA THE 1985‐86 MIGRATION PROGRAMME: PHILOSOPHY AND PRINCIPLES

International MigrationVolume 23, Issue 4 p. 537-541 AUSTRALIA THE 1985-86 MIGRATION PROGRAMME: PHILOSOPHY AND PRINCIPLES CHRIS HURFORD, CHRIS HURFORD Minister for Immigration and Ethnic Affairs AustraliaSearch for more papers by this author CHRIS HURFORD, CHRIS HURFORD Minister for Immigration and Ethnic Affairs AustraliaSearch for more papers by this author First published: December 1985 https://doi.org/10.1111/j.1468-2435.1985.tb00339.xCitations: 1AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat Citing Literature Volume23, Issue4December 1985Pages 537-541 RelatedInformation

The Caribbean Connexion in Canadian Literature

The Minister of Immigration in the Province of Quebec recently coined the word francophonisables, meaning those newcomers who are more likely to be assimilated into the French-speaking than the English-speaking community; and since the major sources of immigrants to Quebec have shifted from Europe and the United States to the Caribbean islands, South America, and South-east Asia, most new Quebeckers are indeed francophonisables, if not already francophonisis. What this phenomenon means, of course, is that the French language in Quebec is becoming increasingly predominant. Whereas at the time of Confederation approximately twenty per cent of the population of Lower Canada were English-Speaking, the 1981I Census Report indicates only eleven per cent.1 Since the election of the separatist Parti Quibicois in 1976, the actual number of 'persons of English mother tongue' dropped from 8o1,ooo000 to 706,000, and many blame the Government's Bill r oI (The Charter of the French Language), which places severe restrictions on the use of English in business, institutions, industry, advertising, and the professions. There can be no doubt, however, that economic conditions, high unemployment, and the general drift of financial centres westward have also been factors in the English exodus. More significant perhaps, especially with regard to contemporary and prospective Canadian literature in both English and French as well as to the relationship between the two bodies of writing, is the effect that the PQ Government and Bill I oI are having on the expanding francophone population of Quebec. Up to the I97Os, Quebec writers were for the most part dans la famille, concerned with la terre de Quibec and the particular problems and issues of a fairly homogeneous society. Even Louis H~mon, an immigrant from Brittany, soon became immersed in the Quebec consciousness and eventually wrote an almost archetypical novel of the soil, Maria Chapdelaine. Quebec nationalism provided the themes for numerous novels and poems during the Ig60s and early 1970s, notably in the works of Gaston Miron, Roland Gigubre, Hubert Aguin,Jacques Godbout, and ClaudeJasmin. The famous 'October Crisis' of 1970, when terrorists of the FLQ (Quebec Liberation Front) killed Labour Minister Pierre Laporte and held hostage

Tabag v Minister for Immigration and Ethnic Affairs

Administrative Law — Administrative Appeals Tribunal — Deportation order — Weight to be given to different factors in exercising discretion — Significance of family break-up and hardship to innocent members of family — Human Rights Commission Act 1981 (Cth) — Migration Act 1958 (Cth) s 12.

The Refugee Status Determination Process

The report on Canada's refugee status determination process prepared by the Task Force on Immigration Practices and Procedures which was established by the Honourable Lloyd Axworthy, Minister of Employment and Immigration, was released in November, 1981. The report provides a comprehensive examination of the policies and practices employed by Canada both at home and overseas in determining who is a refugee and who may come to Canada as a refugee, in the context of Canada's international obligation with respect to refugees.

Blaha v. Minister of Citizenship and Immigration

The individual in international law — Nationality — Naturalization — Acquisition of nationality by naturalization — Residence — Meaning of residence — Necessity of physical presence — The law of Canada

Drake V. Minister for Immigration and Ethnic Affairs

Administrative law — Administrative Appeals Tribunal — Function of Tribunal in relation to ministerial policy — Application of ministerial policy — Administrative Appeals Tribunal Act 1975 (Cth)