How asylum seekers make refugee claims, and why they take so long

Asylum seekers who come to Canada are oftenable to make their claim for refugee status on the same day they arrive. But in Quebec the process has beendisrupted by the recent influx of asylum seekers from the U.S.

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Here's a closer look at how that process normally works and how it's been affected by the sudden increase in demand.

Eligibility interviews

Asylum seekers crossing the border illegally at Roxham Road are met by the RCMP, and then taken to a Canada Border Services Agency office where they fill out a Basis of Claim form.

In the past, an eligibility interview would usually takeplace on the same dayto determine if the seeker is able to proceed with their refugee claim in Canada.

But because of the massive influx this summer, asylum seekers could have to wait up to ten monthsto have theireligibilityinterview,said Montreal immigration lawyerStphaneHandfield.

That eligibility interview is conducted by anofficer from either the Canada Border Services Agency or Immigration, Refugees and Citizenship Canada.

The officer'stask is to verify whether the asylum seeker meets certain basic conditions, such as not having made a claim in Canada in the past or havinga criminal record.

"In almost 98 per cent of files, of cases, the claim is eligible," saidHandfield.

Once the claim is found to be eligible, it is referred to the Immigration and Refugee Board (IRB) for a hearing.

Waiting for a hearing

Under normal circumstance,once a claim is determined to be eligible, a case must be heard by the IRB within 60 days.

While they wait for their IRB hearing, asylum seekers have access to a range of government services.

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"Normally you would then be told you could do your medical and then after that, apply for a work permit," said RivkaAugenfeld, who works withTCRI, a group of 140 social services organizations in Quebec that help refugees and immigrants.

But the backlog, she said, "prolongs everything."

It's not clear what government services are currently accessible to asylum seekers still waiting for theireligibilityinterview.

Asylum seekers are"being given,exceptionally, some health-care coverage" by the federal government, saidAugenfeld.

"All of this is a work in progress," said Augenfeld."Literally it's evolving."

Housing and school

As they wait for theireligibility interviews,asylum seekers in Quebecwho don't have family to stay with are put into temporary housing and can apply for social assistance.

Once theystartreceiving social assistance $649 per month, per person, or $1189 for a family of four they are encouraged to find a more permanent place to live.

But with the government unable to mail chequesto many asylum seekers in temporary housing orshelters, the next round will be handed out at thePalaisdecongrs, Montreal'smassiveconventioncentre.

"Asylum seekers have always received welfare," Immigration Minister Kathleen Weil said Friday. "What is exceptional about this situation is the number of people that have come in in a very short time."

The next step for asylum seekers isto get a work permit, but that can take months. Weilhas asked Ottawa to speed up that process.

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Parents wanting to send their children to school face the additional barrier of needing a home address to enrol their children.

Montreal'slargest French-languageschool board, the CommissionscolairedeMontral(CSDM), said some Haitian families have signed up for school, and that it was working to ensure others who have arrived would also be able to register.

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At the hearing

When asylum seekers finally do get their hearing, they must demonstrate they face a "well-founded fear of persecution in their country of nationality" in order to receive refugee status.

According to the federal government, they have to show that if they return to their country of nationality they face a risk of torture, a risk to their life, or cruel and unusual punishment or treatment.

That could mean they face persecution because of:

• Race.
• Religion.
• Nationality.
• Political opinion.
• Membership in a particular social group, which can include sexual orientation, gender identity, HIV status or domestic violence.

If the refugee claim is accepted, the person may start the process of obtaining permanent residency. If refugee claimis rejected, there is an opportunity to appeal to the IRB or the Federal Court, or the claimant may be deported.

Handfield said many of the clients he works with are getting bad information in the U.S. about how easy it is to come to Canada.

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"The very bigmajority of these people are surprised when we explain tothem the process they've embarked on," saidHandfield.

"Many were unaware they had to appear in front of a refugeeboard member to explain why they're afraid to return to Haiti."