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International Law
: Canadian Immigration BlawgCalgary Herald Editorial
By immlawyer
Apparently the Calgary Herald believes the 'Refugee appeal system' needs an overhaul.
It's a little disconcerting when a major newspaper commits so many errors in an article that's probably less than 400 words in length.
Where to begin?
- What is the refugee appeal system anyway? As far as I know, we don't have one.
- Why conflate the situation of a Rwandan war criminal with that of Jackie Tran, a former permanent resident who's lost his status due to (ordinary) criminality? Is it intellectual dishonesty or intellectual laziness?
- Jackie Tran is not subject to this unknown 'Refugee appeal system". His hearing was before the Immigration Appeal Division which has jurisdiction over all permanent residents facing a loss of status.
- Contrary to the snide aside in the editorial, most refugee lawyers are not enriching themselves as a result of the 'system'.
- Contrary to the editorial, 'control' of the borders has not been delegated to the borders, but to the CBSA.
- The ability to review decisions made by individuals in accordance with legislation is a hallmark of the rule of law, and therefore advances the cause of justice and does not detract from it.
There may be legitimate concern at the delay in removing a war criminal from Canada - but confusing the public by spouting off on a fictitious 'refugee appeal system' and conflating the situation of a war criminal with that of a permanent resident facing removal is simply bad journalism.
If the writer of this piece had any concern with respect to responsible journalism, he or she would have spent some time in understanding the role of the CBSA, the various divisions of the Immigration and Refugee Board, and the Federal Court. Instead, this poorly researched and presented editorial detracts from the legtimately goal of an informed public.
Full post as published by Canadian Immigration Blawg on September 23, 2009 (boomark / email).

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