Permanent Protection: Why Canada Should Grant Permanent Residence Automatically to Recognized Refugees

Abstract

In order to achieve secure status in Canada, asylum seekers must go through a lengthy, three-stage procedure involving (1) eligibility determination, (2) refugee status determination, and (3) application for permanent residence. Applicants are screened for security and criminality at both the first and third stages. During the third stage, which can take upwards of eighteen months, refugees find themselves in “legal limbo”: as recognized refugees they have the right to remain in Canada, but beyond that their rights are significantly curtailed. The author argues that the repeat screening at the permanent resident stage is unnecessary and redundant, and that the resulting delay in access to basic rights violates Canada’s international obligations. The article concludes with a proposal that permanent resident status be granted automatically to refugees upon recognition as refugees.