Click to edit Master title style Precarious Immigration Status and Access to Social Assistance in Ontario Click to edit Master subtitle style Presented by: Rathika Vasavithasan, Staff Lawyer South Asian Legal Clinic of Ontario 12/10/2013 1 1 South Asian Legal Clinic Of Ontario
What we are seeing • Increased reporting by Canada Border Services Agency to OW/ODSP when refugee claim denied • People being cut-off social assistance without first Click to edit Master title style being given a chance to provide updated information about immigration status • Misinterpretation of recent changes to Click to edit Master subtitle style immigration/refugee system in Canada by OW/ODSP • Termination of benefits although person continues to meet the eligibility requirements • Settlement and clinic workers facing greater obstacles in advocating on behalf of clients 12/10/2013 2 2 South Asian Legal Clinic Of Ontario
Topics to be covered 1. How someone's immigration status and/or a removal order impacts their eligibility for OW/ODSP Click to edit Master title style 2. Recent changes to the Immigration and Refugee Protection Act and how OW/ODSP is interpreting the changes Click to edit Master subtitle style 3. How to advocate on behalf of your client with their OW/ODSP caseworker on this issue 4. Resources and referrals 12/10/2013 3 3 South Asian Legal Clinic Of Ontario
Click to edit Master title style OW and ODSP Legislation and Policy Directives regarding Immigration Status in Canada Click to edit Master subtitle style 12/10/2013 4 4 South Asian Legal Clinic Of Ontario
OW and ODSP Legislation • OW Act O. Reg. 134/98 s.6(1) and and ODSP Act s.8(1) provides the following: – Person is not eligible if: Click to edit Master title style • removal order has become enforceable • A person who is a visitor, unless the Click to edit Master subtitle style person – made a claim for refugee protection – has made an application for status as a permanent resident • A person who is a tourist 12/10/2013 5 5 South Asian Legal Clinic Of Ontario
Important Exception • The ineligibility outlined in first part DOES NOT apply if the Administrator is satisfied Click to edit Master title style that: (a) for reasons wholly beyond the control of the person, the person is unable to leave Click to edit Master subtitle style the country; or (b) the person has made an application for status as a permanent resident on the basis of humanitarian or compassionate considerations 12/10/2013 6 6 South Asian Legal Clinic Of Ontario
Requirement to provide information • Applicants and recipients are also required to provide information Click to edit Master title style necessary to determine and verify the their initial and ongoing eligibility for basic financial assistance, including Click to edit Master subtitle style information about the person ’ s immigration status in Canada 12/10/2013 7 7 South Asian Legal Clinic Of Ontario
Acceptable Documentation • Acceptable immigration documents are listed in OW policy directive 2.1 and ODSP policy directive 3.5 Click to edit Master title style – Mostly refers to CIC or CBSA issued documents, but also proof of application for permanent residence and “ other acceptable proof ” Click to edit Master subtitle style • In the past, it was much easier for advocates to write letters explaining current status, immigration processes or provide documents not specifically listed (court documents, etc.) 12/10/2013 8 8 South Asian Legal Clinic Of Ontario
Click to edit Master title style Changes to the Immigration and Refugee System in Canada since Click to edit Master subtitle style 2012 12/10/2013 9 9 South Asian Legal Clinic Of Ontario
Summary of key changes • Changes to eligibility requirements to make a refugee claim for those with criminal convictions • Unreasonable timelines for making a refugee claim in Click to edit Master title style Canada • Designated Countries of Origin (DCO) – reduced rights for claimants from certain countries Click to edit Master subtitle style • 1 year or 3 year bar on making a Pre-Removal Risk Assessment (PRRA) application • 1 year bar on making a humanitarian and compassionate (H&C) application (with limited exceptions); no simultaneous H&C and refugee claim 12/10/2013 10 10 South Asian Legal Clinic Of Ontario
Appeals & Judicial Review • After refugee claim is refused; – Non-DCO must appeal to Refugee Appeal Division (RAD) first and then Judicial Review – automatic Click to edit Master title style stay of removal at both levels until appeal decided – DCO claimants do not have access to Refugee Appeal Division Click to edit Master subtitle style – DCO claimants may apply to Federal Court for judicial review, but no automatic stay of removal while application is being considered 12/10/2013 11 11 South Asian Legal Clinic Of Ontario
“ Wholly beyond control ” • Just because a removal order has become enforceable , it does not mean it can actually be enforced , including because of: Click to edit Master title style – Statutory or court ordered stay of removal – No travel or identity documents – Moratorium on removal to person ’ s country Click to edit Master subtitle style – Pending criminal charges – Country refuses to take the person back – Waiting for Canada Border Services Agency (CBSA) to make removal arrangements 12/10/2013 12 12 South Asian Legal Clinic Of Ontario
Assisted Voluntary Return and Reintegration Program (AVRRP) • Collaboration between CBSA and International Organization for Migration (IOM) to deport people • Eligible claimants referred by CBSA to IOM who then Click to edit Master title style takes over removal • Claimants are given either in-kind assistance or some cash to leave Canada Click to edit Master subtitle style – What and how much you get depends on where you are from and what rights you give up • IOM anticipates removal within 30 days of referral to program (depends on country and other factors) 12/10/2013 13 13 South Asian Legal Clinic Of Ontario
AVRRP – Eligibility Applicant is NOT eligible if they: • Withdrew or abandoned claim • Claim was deemed to have had no credible basis Click to edit Master title style • Is from a country subject to a temporary suspension of removals • Are being held in immigration detention • Have a criminal record (minor or serious) Click to edit Master subtitle style • Are inadmissible to Canada on the grounds of national security, human or international rights violations, or organized criminality • Have an outstanding application for permanent residence along with a spousal sponsorship application. 12/10/2013 14 14 South Asian Legal Clinic Of Ontario
Advocating with OW/ODSP • Negotiating with individual workers • Internal Review and SBT appeals – Click to edit Master title style document conversations with CBSA, letters from immigration counsel, expert affidavits, court documents, etc. Click to edit Master subtitle style • Interim Assistance – not automatic; must pay back if appeal denied; consider likely timeframe of removal 12/10/2013 15 15 South Asian Legal Clinic Of Ontario
Internal Review & Appeals • All decisions must be in writing from the Administrator or Director • Must first ask for Internal Review in writing Click to edit Master title style – within 30 days of decision to refuse – Can use form or any written method – “I disagree…” – Provide any missing information • Appeal to Social Benefits Tribunal Click to edit Master subtitle style – Cannot appeal unless you asked for IR first – Submit appeal form within 30 days of IR decision – Will receive Director’s submissions – Appellant must provide submissions 20 days before hearing (30 days for new medical evidence) 16 16 South Asian Legal Clinic Of Ontario
Resources • Canadian Council for Refugees – plain language information on refugee changes: – http://ccrweb.ca/en/refugee-reform Click to edit Master title style • Income Security Advocacy Centre (ISAC): – www.incomesecurity.org/contactus.html • Ontario Council of Agencies Serving Immigrants Click to edit Master subtitle style (OCASI): – www.ocasi.org/contact-us • Health 4 All has a list of medical services for uninsured and undocumented people: – www.health4all.ca/get-the-facts/toronto-services-for-migrants/ 12/10/2013 17 17 South Asian Legal Clinic Of Ontario
Resources Continued… • Community Legal Education Ontario – Refugee Rights in Ontario: Click to edit Master title style www.refugee.cleo.on.ca • Community Legal Education Ontario – Social Assistance Publications: Click to edit Master subtitle style www.cleo.on.ca/en/resources-and- publications/pubs?language=en&field_leg al_topic_tid_i18n=93 18 18 South Asian Legal Clinic Of Ontario
Community Legal Clinics • You can find your community legal clinic by going on the Legal Aid Ontario web-site and typing in your postal code: Click to edit Master title style – www.legalaid.on.ca/en/contact/contact.asp?type=cl • Language-specific and specialty legal clinics may also be able to assist. Call first and ask if Click to edit Master subtitle style they can help: – South Asian Legal Clinic of Ontario (416-487-6371) – Metro-Toronto Chinese and Southeast Asian Legal Clinic (416-971-9674) – HIV & AIDS Legal Clinic Ontario (416-340-7790) 19 19 South Asian Legal Clinic Of Ontario
Recommend
More recommend
