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Bill C-49

نامه الکترونیک چاپ PDF

wirehands-150x150A new Bill has been drafted and is about to become law that will dramatically change everything for EVERY REFUGEE seeking refuge in Canada! here are the major points published by CMI.

Under the proposed Bill, the Minister would have the ability to declare a "Human Smuggling Event"

if he or she:
1. is of the opinion that examinations relating to identity and admissibility of the persons involved in the arrival, and other investigations, cannot be conducted in a timely manner; or
2. has reasonable grounds to suspect that the arrival involves organized human smuggling activity for profit, or in support of a criminal organization, or terrorist group.
As a result, individuals who arrive as part of a designated human smuggling event would be subject to different detention rules and processing at the Immigration and Refugee Board, restrictions on permanent residence, travel and family sponsorship, and government-provided health coverage that is no better than that which is made available to the Canadian public.
Detentions for designated claimants (including children) are mandatory on arrival or designation and there will be no detention review for 12 months. Detention can be upwards of 12 months, if identity was not verified. Release is only possible if:
1. the person is found to be a refugee;
2. IRB orders their release after 12 months, the IRB cannot release the person if the government says that the person's identity has not been established;
3. Minister decides there are "exceptional circumstances."
Part of Bill C-49 also calls for stronger and mandatory prison sentences for human smugglers. Under the proposed legislation, the number of people smuggled and the presence of aggravating factors would determine which mandatory prison sentence would be imposed upon conviction.

The two aggravating factors are:
• The offence was committed for profit or for the benefit of, at the direction of, or in association with, a criminal organization; and
• The person, in committing the offence endangered the life or safety, or cause bodily harm or death to, any of the persons smuggled.
The mandatory prison sentences would be, where less than 50 persons are smuggled:
• 3 years imprisonment if one of the above aggravating factors was present.
• 5 years imprisonment if two of the above aggravating factors were present.
Bill C-49 also proposes that an individual arriving as part of a human smuggling event would be detained for up to 12 months or until a final positive decision by the Immigration and Refugee Board (IRB) is made on their refugee claim, upon which they would be released.
• Prevent those who come to Canada as part of a human smuggling event from applying for permanent resident status for a period of five years, should they successfully obtain for refugee status; and
• Prevent individuals from sponsoring family members for five years.
• Ensure that the health benefits participants receive are not more generous than those received by the Canadian public
• Enhance the Government's ability to terminate the protected person status of those who return to their country of origin for a vacation or demonstrate in other ways that they are not in legitimate need of Canada's protection.
As part of Bill C-49, the Government will be appointing a Special Advisor on Human Smuggling and Illegal Migration. The overall mandate of the Special Advisor is to coordinate a whole-of-government response to human smuggling. The Special Advisor will provide advice and recommendations to Ministers and the National Security Advisor to the Prime Minister in terms of advancing Canada's strategy to combat human smuggling and illegal migration.

In addition to working with partners here at home, the Special Advisor will also work with key international partners to promote international cooperation on this serious issue – putting a particular focus on human smuggling operations that occur by sea.

The appointment is part of the Government's efforts to strengthen Canada's ability to detect human smuggling operations overseas and prevent them from reaching Canada. The Special Advisor will advance Canada's engagement with governments in source and transit countries, as well as Canada's engagement in regional and/or international for which address migrant smuggling.