Refugees in Limbo and Canada`s International Obligations
"There are a number of ways in which Canadian practice could be brought into conformity with its obligations under the 1951 Convention.... All recognized refugees without identity documents should be treated equally and accorded all Convention rights upon recognition. This treatment would include the issuance of Convention Travel Documents upon recognition by the Immigration and Refugee Board... Identity documents could be issued either by the Immigration and Refugee Board or by Citizenship and Immigration Canada to recognized refugees... Under no circumstance should recognized refugees be referred to their country of origin to obtain documents ... refugees could be landed immediately upon recognition by the Immigration and refugee Board. ... At a minimum, if none of the above options is followed, affidavit evidence or statutory declarations as to identity should be accepted in accordance with the normal principles, and without the limiting reservations currently included in operational instructions... Evidence considered sufficient to satisfy the Canadian determination process can also be said to meet the requirements of Articles 25 and 27 of the 1951 Convention. ... It is hoped that one lesson emerging from this review is that there are latent problems in relying on discretion and administrative practice..."
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