Killah Priest - New Album out now!
home
news
wu-tang clan
bio's
media
store
blogs
forum
contact

Go Back   Wu-Tang Corp. - Official Site of the Wu-Tang Clan > The Elements > Know The Ledge > Thought Provoking News Articles

Reply
 
Thread Tools Display Modes
Old 11-30-2007, 03:06 PM   #1
lord patch
Senior Member
 
lord patch's Avatar
 
Join Date: Feb 2006
Posts: 353
Rep Power: 0
lord patch grasshopper
Default Surprise decision saying U.S. not a safe country for asylum seekers

Surprise decision saying U.S. not a safe country for asylum seekers opens door to northbound claims

November 30, 2007
Nicholas Keung
IMMIGRATION/DIVERSITY REPORTER

http://www.thestar.com/printArticle/281332

Canada will no longer have the right to turn back asylum seekers at the American border under a federal court ruling that deems the United States not a safe country for refugees opening the door for a potential flood of northbound claimants.
In a surprise judgment yesterday, the court concluded that the three-year-old Safe Third Country Agreement which denies refugees who have landed first in the U.S. the right to later seek protection in Canada, and vice versa breaches the rights of asylum seekers under the United Nation Refugee Convention or the Convention Against Torture.
"The interest at stake is highly important to an individual's life, safety and dignity," wrote Justice Michael Phelan.
"I would therefore conclude that the designation of the U.S. as a safe third country leads to a discriminatory result, in that it has a much more severe impact on persons who fall into the areas where the U.S. is not compliant with the Refugee Convention or CAT (Convention Against Torture), as well as discriminating and exposing such people to risk based solely on the method of arrival in Canada."
Refugees arriving in Canada by air, rather than by land, have continued to have the right to remain in Canada while awaiting a ruling on their claim.
The reasoning issued yesterday, which will essentially nullify the agreement with a final court order expected early next year, is a huge victory for refugee advocates, including the Canadian Council for Refugees, Canadian Council of Churches, Amnesty International and John Doe, a failed Colombian refugee claimant in the U.S., who brought the declaration application to the court.
Activists have long complained that the agreement, which requires refugee claims in Canada and the U.S. to be processed in the country where asylum seekers first land, is unfair and unconstitutional.
"We are somewhat surprised but very pleased with the decision, which is basically everything that we've been looking for," said lawyer Andrew Brouwer, who, along with Barbara Jackman, Leigh Salsberg and Lorne Waldman, represented the applicants.
"This is a vindication of the rights of refugees that we haven't seen around the world in a while."
In 2005, the applicants filed a judicial review challenging the agreement, which came into force on Dec. 24, 2004, as part of the Smart Border Declaration to ensure tightened border security and more efficient processing of refugee claims in both countries.
Using John Doe as an example, the applicants sought a court declaration that the designation of the U.S. as a "safe third country" for asylum seekers under the agreement is "invalid and unlawful."
They also argued that the U.S. does not comply with certain international conventions protecting refugees and prohibiting returning people to places of torture.
In his decision, Phelan said the issues over the American authorities' use of expedited removals and use of detention, combined with concerns over the U.S.'s rigid application of the one-year bar to refugee claims, the provisions governing security issues and terrorism based on a lower standard, called into question whether the U.S. is safe for asylum seekers.
Despite a section in the regulation that requires the government to conduct required reviews of the agreement and the conditions for refugee claimants in the U.S., the judge wrote the minister has not established a review process.
Both the applicants and Ottawa have until Jan. 14 to file their submissions for a final court order, which would most likely strike down the agreement based solely on yesterday's reasoning.
A spokesperson for Immigration Minister Diane Finley said the Safe Third Country Agreement remains in effect and the government is currently reviewing its options.
However, there's no right to appeal in the proceeding, said Brouwer.


With files from Richard Brennan
lord patch is offline   Reply With Quote
Old 12-01-2007, 09:31 AM   #2
SG
Forever Upward
 
SG's Avatar
 
Join Date: Aug 2007
Location: East
Posts: 765
Rep Power: 8
SG crouching tigerSG crouching tiger
Default

Canada doesn't want to face problems like America
__________________
BEZ
Peace To New York
SG is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 06:26 PM.


Copyright 2000 - 2013 The Wu-Tang Corp. & shift-one