Blogs

Home > Blogs

ASYLUM CLAIMS ARE SKYROCKETING

Immigration law

18 Nov

The federal Liberal government aims to reduce the strain on Quebec and Ontario, where most asylum seekers arrive at airports in Toronto and Montreal, by redistributing them more evenly to other provinces nationwide.

Immigration Minister Marc Miller accused the premiers of Nova Scotia, New Brunswick, and Alberta of manipulating a working group on asylum seekers and misrepresenting the issue for their own political advantage.

The premiers have expressed their resistance to accepting a greater number of asylum seekers than they currently receive, citing concerns about resources and infrastructure. In response, Miller has made it clear that he is determined to change their stance and is prepared to employ a "carrot and stick" approach. 

This strategy involves offering incentives to encourage provinces to comply, while also potentially imposing consequences for those that remain uncooperative. Miller’s intention is to ensure a more balanced distribution of asylum seekers across the country, alleviating the pressure on the provinces that currently bear a disproportionate share of the responsibility.

Surrounded by oceans on three sides and sharing a border only with the U.S., Canada has historically been able to keep unexpected asylum claims at bay by pre-screening air travelers from countries known for high asylum rates. 

But lately, it seems our airports have become the hottest new destination, like a trendy club, but with way more paperwork and fewer dance floors. The number of arrivals has skyrocketed, leaving officials wondering if they need to start issuing boarding passes to Canada as a new form of VIP access.

This surge has put significant strain on resources and processing systems, prompting the government to rethink its approach to asylum seekers. The rise reflects broader global trends and increasing challenges faced by individuals fleeing conflict or persecution, making it clear that Canada is experiencing a shift in the dynamics of asylum claims, especially at its busiest points of entry.

The Canada Border Services Agency (CBSA) reported an unprecedented 41,350 asylum claims processed at airports last year, marking a staggering 140-percent rise compared to 2022. To put this in perspective, that’s a jaw-dropping 400-percent increase since 2019.

In 2016, the federal Liberal government decided to ditch the visa requirement for travelers from Mexico, a rule that the previous Conservative government had put in place. Since then, Canada has seen a dramatic rise in asylum seekers from Mexico, with their numbers more than doubling every year from 2016 to 2023. It’s almost like Canada threw open the doors and said, “Welcome to the party-hope you brought your paperwork.”  Who knew removing a visa could turn Canada into the go-to destination for those seeking refuge?

The federal government introduced measures to accelerate the processing of visitor visas in order to tackle a growing backlog. In a subtle move, it eliminated the requirement for passengers arriving by air from certain countries to prove they were just visiting-such as showing a return ticket and having funds in a bank account.

Last spring, Canada managed to shut down the Roxham Road border crossing in Quebec, where irregular migrants from third countries had been casually strolling into the country after a little detour through the U.S. 

It’s like Canada said, “No more of that, folks” But instead of a quiet night in, the closure sparked a surge in arrivals at airports in Ontario and Quebec, according to federal data. It’s as if they all suddenly decided that a long-haul flight was the new way to enter the country. Who needs a scenic walk when you can jet in with style?. Right!!!

Also, around the same time, the federal government introduced measures to expedite the processing of visitor visas in order to address a growing backlog. In a discreet move, it removed the requirements for air travelers from certain countries to prove they were merely visiting, such as showing a return ticket and evidence of funds in a bank account.

This decision turned out to be highly significant, as it coincided with a dramatic rise in asylum claims. By streamlining the visitor visa process and removing barriers for travelers from specific countries, the government inadvertently opened the floodgates for a wave of individuals seeking refuge. 

This alignment of policy changes with the surge in asylum requests created a perfect storm, leading to a sharp increase in the number of people arriving at Canadian borders—both through traditional entry points and airports. 

Canada is still feeling the effects of this decision as it juggles the challenge of welcoming a wave of newcomers. It's like trying to host a surprise party for a hundred guests without enough snacks or chairs. The country is busy figuring out how to make sure everyone gets the help they need while also keeping things running smoothly. It’s a bit of a balancing act, but Canada is up for the challenge.

CBSA’s airport immigration screeners do not have adequate resources to thoroughly vet the asylum seekers in their lines. “Frequently, they won’t even know if the person ahead has a criminal history in their home country,” 

All airport staff can really do is stamp a document and hand the claimant their hearing date-it's like playing a game of 'pass the parcel,' but with more paperwork and less fun. Personnel lack the resources that police and intelligence agencies have, and even the best-equipped agencies can take over a year to fully vet a foreign national seeking legal status in Canada.

Airport personnel, through no fault of their own, often struggle to effectively scrutinize applicants due to a combination of limited training and overwhelming workloads. With the pressing need to keep lines moving swiftly, they face significant time constraints that prevent them from conducting thorough interviews or background checks. 

As a result, they may overlook important details about an individual’s history, leaving critical gaps in the vetting process. This situation is further compounded by the lack of resources and support that more specialized agencies possess, making it a challenge for airport staff to ensure that all applicants receive the careful consideration they deserve.

A source familiar with CBSA’s screening process mentioned that time constraints often hinder airport immigration agents. They are typically trained to expedite the process, spending only a short amount of time with each individual.

Asylum seekers can remain in Canada while the federal government determines their eligibility for refugee status, which typically takes around two years to process. If a refugee claim is denied, applicants can be ordered for deportation; however, they have the option to appeal the decision and can stay in Canada until their appeal is reviewed. This appeal process usually takes about a year to resolve.

A claimant who successfully obtains refugee status doesn't automatically transition to permanent residency. Instead, refugees can pursue permanent residency through specific pathways, such as government-assisted or private sponsorship programs. 

As of 2023, the average processing times for these pathways were approximately 26 months for the government-assisted stream and about 30 months for private sponsorship. This means that even after gaining refugee status, individuals may face a considerable wait as they navigate the complexities of the immigration system before achieving permanent residency.

This really shines a light on the hurdles that folks face while trying to find a cozy new home, like running a marathon with a backpack full of bricks. It underscores the urgent need for a more streamlined and friendly immigration system because who doesn’t want a smoother ride on the path to stability and security?