lunes, 15 de diciembre de 2014


"The Refugee"

MattDehartt not be extradited to the US, according to the facts and legal acts that precede the current situation in Canada and in harmony with the above and should be founded on FREEDOM, but this is not so. However, his stay in prison since he was arrested in Canada, and hopes his legal situation is resolved, presented until now confused, erratic and unjustified, is unclear and therefore causes restlessness and uncertainty in the Matt himself, your family and friends.

What is the real status of MattDehartt in Canada? Refugee? Protected Person? Processed without judgment?

First, not all refugee claimants are entitled to file an appeal if your request is denied shelter. For example, people who come from a designated country of origin and who came through the US when they made their request, have no right of appeal if you have been denied.

In the event that MattDeharttsea a refugee is a person who is outside their country of origin or habitual residence and can not return because he fears being persecuted for reasons related to their profession, religion, political opinion, nationality or membership of a social group.

If that were the case, MattDehartt is a protected person who is in Canada and is afraid to return to their country of origin or habitual residence unao for all and each of the following reasons: 1. Run DANGERelectric torture ; 2. hang over her threats to his life; 3. Has risks of inhumane, cruel or unusual punishment. Citizens who are in such conditions may apply for asylum to the government of Canada; unless it is subject to an expulsion order, in which case they may seek shelter. When a person like Matt, comes to Canada through an airport, port or border crossing with the United States, you can claim asylum in the same port of entry. The immigration officer reviews the case and decides whether the request can be sent to the Immigration and Refugee Board of Canada (Immigration and RefugeeBoard of Canada, IRB) independent tribunal that decides on immigration and refugee matters.

Under an agreement with the United States, (SafeThird Country Agreement) whereby a refugee must seek asylum in the first safe country they reach, if a person comes to Canada through the border with US, you can NOT seek asylum Canada. Some exceptions are possible, as in the case of people with family members already living in Canada. For MattDehartt, Canada SI is the first safe country as above, so this agreement between Canada and US (SafeThird Country Agreement) DO NOT apply to the case of Matt, under him, came from US because it is US and because that he was being suppressed for political reasons and his life was in danger, consequently Canada if the first safe country they reach.

It is important that citizens applying for shelter this all identity documents, including passports, driving licenses and other relevant documents. You will receive a personal information form that must be completed to submit to the examination board.

  Another possibility exists, if the citizen submits an application at an office of the Department of Citizenship and Immigration Canada (Citizenschip and Immigration Canada) The federal agency will review the case and contact the relevant person to a personal interview, if deemed necessary.

The refugee claim could NOT be accepted for submission to the Immigration and Refugee Board of Canada, if any of the following conditions are met: A) The person has been recognized as a refugee by another country to which they can return; B) The citizen has been recognized by Canada as a protected person; C) The person came to Canada from US (SafeThird Country Agreement); D) The person has no right to enter Canada for safety, for practical criminal activity or violation of human rights; E) If the person had already made an application for asylum in the past and found it was not eligible for referral to the Immigration and Refugee Board of Canada; F) The person had already made an application for asylum and his request was rejected by the Immigration and Refugee Board of Canada.

When a request is accepted, the citizen obtains the status of "protected person", meaning they have the right to remain in Canada and apply for permanent residence.

If the request is DENIED, the person receives a notice explaining the reasons for the decision. The person must leave Canada within 30 days. However, the citizen has 15 days from the date you receive the notice, to request a judicial review of his file in Federal Court of Canada. You can also ask to assess the risk to the remission of your case or refer humanitarian and compassionate grounds for re-evaluation of your file. If all else fails, there are still other opportunities for legal successfully to alleviate the situation of genuine refugees and those who really have the need to seek asylum in Canada, with the creation of the Refugee Appeal Division (RAD, for short English) for the protection of people fleeing political and social repression in their countries.

The Canadian immigration system is transformed.

Since 2013, the Canadian immigration system was completely transformed and changes will affect all people from that year onwards want or ask for refuge in the country. According to the government, the new rules were imposed to tackle bogus asylum seekers and people smugglers, who enriched themselves at the expense of the need for thousands of people in conflict or extreme poverty countries seeking protection in Canada and to pay thousands of dollars to try to achieve legal status in America.

The two side of the coin of the transformation of the migration system can observe when organizations defending the rights of refugees, consider that the new laws violate human rights; Moreover, the Minister of Citizenship and Immigration, ensures that new standards are intended to curb abuses and control the lawyers, consultants and organizations living in these processes and benefited the asylum system was open to Canada and that allowed anyone from any country to seek protection ..

Under the new rules, refugee claimants no longer have the guarantee of being able to live between 2 and 3 years with government aid while the legal process is done, because from 2013, the process will be more accelerated depending on the country, the nationality of the person seeking asylum, and in the first months will have aid from the state. Under the new law, people who come to the country illegally to seek shelter, besides being detained, are not entitled to health care, no aid from the government during the months-long legal process.

To achieve accelerate the citizens of the countries that living standards do not require protection of Canada, the Minister of Citizenship and Immigration stayed with the power to designate which are safe or unsafe countries, something strongly challenged by advocates of refugees, who believe that this decision should NOT be left to one person, but a meeting.

According to the minister, the safest countries are the EU and the process will take 30 to 60 days at most, rather than the 19 to 20 months lasted in the past. One of the most important aspects is that these people do NOT have the right to appeal to the Appellate Division, which shall leave the country if your application is not approved. That is, there is selective and exception process. And when this happens, the reforms to the immigration system are unconstitutional, as discussed below, for violating the general principle of law. "Before the Law are all equal."

Another measure, which has caused controversy and anger among refugee advocates, is that people who enter the country irregularly to seek refuge will be arrested if they are over 16 years while the case is investigated. Besides prison and harsher penalties for traffickers in human beings sanctions is established.

With the new rules provide that persons who are denied shelter if may appeal, but for this they must present new evidence if any, will be resolved within 90 days, so it is intended that the petitioners shelter who are rejected not extend their stay in Canada.

People have the right to appeal may be restricted for several reasons: The appeal is not a rehearing, ie they can not present your case again and not be presented for review the evidence that was presented at the hearing. If you want to submit documentary evidence, can only present evidence that was not available at the time of submission of appropriate shelter.

Rejected refugee claimant must file the notice of appeal within 15 days after losing his case to the Refugee Protection Division. Then, the case must be completely submitted within 30 days. How will additional evidence that was not available at the time of the hearing? If one gets new evidence, then one has to prove that these were not available at the time of the presentation of his case in court.

For those whose refugee claim has been denied, no possibility of obtaining aid to return to their home country through a program being executed in the Great Toronto Area and its vicinity (GTA for its acronym in English) . The pilot Assisted Voluntary Return and Reintegration (AVRR for its acronym in English), which is being administered through a partnership between the International Organization for Migration (IOM) and the Canadian Border Services Agency program (CBSA for their acronym) provides financial assistance to eligible individuals whose refugee claim was denied and want to leave Canada voluntarily.

Canada is a young nation in the international arena, the Constitution is 1982, and nevertheless, has a major commitment to human rights both of their nationals, and foreigners seeking refuge from violence, injustice, persecution, death threats, political repression and preservation of personal integrity and that of their families.

All this and more, is defined in the declaration of principles Constituciónde 1982 is the supreme law of the constitution of the State of Canada and is an amalgam of codified acts and incodificadas traditions and conventions. This determines the action lines of the Canadian system of government and civil rights of Canadian citizens.

The composition of the Constitution of Canada is defined in 52 (2) section of the Constitution Act of Canada 1982 as "Canada Act 1982" and all amendments made to this document. This includes all British legislation that confirms or modifies the British North America Acts. Taken together, these documents are called "Constitutional Acts 1867-1982". The Supreme Court of Canada assures that the list is not exhaustive and that this includes unwritten doctrines as well. However, almost all constitutional jurisprudence focuses on the Constitution Act of 1867, the Constitutional Act of 1982 which includes the Canadian Chapter on rights and liberties and the call constitution written not assumed by all provinces except Quebec.

This act of Parliament of Canada determined complete independence from British rule. Part V of the Act created the formula for a constitutional amendment which does not require an act of the British Parliament. Later Part I of the Act is known as the Canadian Chapter on rights and freedoms which clearly defines the rights of Canadian citizens such as freedom of speech, religion and free movement. Part II deals with Canadian indigenous communities and their rights.

With the introduction of the Act in Canada and Chapter accompanying, much of the constitutional laws of Canada changed. The Act of Canada has hosted numerous constitutional conventions and made significant amendments to the points more difficult to interpret. Chapter Constitution has focused on individual and collective rights of Canadians. Before the establishment of the Canadian Chapter on rights and liberties of 1982, civil rights and freedoms they had in Canada a constitutional solidity. When a government establishment had a law that seemed oppressive to civil rights and liberties, Canadian legislative lawyers had to argue creatively and that the law violated federal or provincial divisions or quote technical cases that had nothing to do with the concept civil rights and freedoms. Since 1982, however, the Chapter became the most cited paper of the Constitution and therefore has strengthened protection of the rights of Canadian citizens.

This act of the British Parliament, originally called British North America Acts of 1867, created the Dominion of Canada in three separate provinces of British North America and allowed other provinces and colonies could join in the future. This act was aimed to characterize the Canadian government system, which combines the British Westminster model of parliamentary government with division of powers (Canadian federalism). Although it is only one of numerous constitutional acts of Canada, this document itself remains the most important and fundamental to understanding the Canadian Confederation (ie the union of provinces and colonies of British North America). With the nationalization of the constitution in 1982, this act was renominada "Constitutional Act of 1867". In recent years, this act served as a basis when analyzed the division of powers between the provinces and the federal government.

True independence of the three powers had different highlights, one of which was the creation of the Refugee Appeal Division (RAD, for its acronym in English) for the protection of people fleeing political and social repression of their countries. However, people working refugee cases, realized very quickly that as soon as the rules were created, in most cases an appeal to the Appellate Division of Refuge was a waste of time. The procedure in that state was nothing more than a procedure very similar to a previous risk assessment [Pre- RemovalRisk Assesment, PRRA].

At the moment the Refugee Appeal Division was implemented, Immigration Minister said: "I reiterate that the bill will create a new refugee appeal division. The vast majority of applicants who come from countries that normally produce refugees, if they are rejected by the Refugee Protection Division, will have first access to a factual before the appellate division of the IRB haven appeal. "

"This is the first government that has created an appeal completely factual" The Federal Court Judge Michel Voice Phelan ruled: "The Appellate Division of Refuge [RAD] must broaden its scope when reviewing appeals of rejected shelter . The RAD can not simply review the decision of the Refugee Protection Division to determine whether the decision is reasonable or not, but must carry out an independent evaluation of the appeal and must exercise the powers conferred on him.

The Federal Court considers that the Appellate Division of Refugioes an appellate court has the power to review a case in its entirety and may consider any evidence that is credible and trustworthy even if it goes against a decision already made. If not applicable in this way, what the Appellate Division of Refuge is really doing is duplicating the work of the Refugee Protection Division to simply defend their decisions, which also doubles the work of the Federal Court, which only supposed to check the documentation that was presented to the decision maker.

The success of ADR, in this new version, means that the government is forced to hear all appeals were denied since the implementation of the RAD in December 2012. The Federal Court has the duty to nullify any laws again approved issued by the Government's Shelter declare unconstitutional if that is the case. The organizations on behalf of refugees and the Canadian Bar Association and the Canadian Refugee Refugee Council congratulated the Canadian judiciary to demonstrate its independence from the other two branches.

Proposal and testable hypotheses @ ArtMarius2

Unconstitutional in the case of MattDehartt (IRPA)

For MattDehartt against Canada in certain aspects of the regime that appear in the IRPA for the detention of foreign nationals on grounds of national security flagrantly violate s. 7 of the Canadian Charter of Rights and Freedoms to allow the issuance of a certificate of inadmissibility based on secret material without providing an independent agent at the stage of judicial review to better protect the named persons concerned.

It also concludes that some of the deadlines set by the provisions for continued detention of MattDeharttinfringen ss. IBIDEM 9 and 10 as they are arbitrary.

It is possible that the Government of Canada responds or has already responded by introducing a system of security certificates revised in the IRPA which includes the use of special advocates to review a summary of the evidence without being able to share this information with MattDehartt . The bill to amend the IRPA was passed by Parliament with the support of conservative and liberal caucus and received Royal Assent in 2008.

That is the IRPA?

The Immigration and Refugee Protection, SC 2001, c, 27, is an Act of Parliament of Canada, passed in 2002, which replaced the Immigration Act of 1976 as the primary federal legislation regulating immigration to Canada.

The IRPA creates a framework of highly detailed objectives and guidelines of the Canadian government has set with regard to immigration to Canada by foreign residents. The Immigration and Refugee contains laws designed to fit within the IRPA to specify how the IRPA to apply.

The IRPA, for the most part, came into force on June 28, 2002, controversially, the government did not implement a component of legislation that would have structured a Division of Refugee Appeals as part of Canada's immigration system. Parts of IRPA are administered by the Border Services Agency Canadá.Esto means that the measures implemented by the IRPA, in the case of MattDehartt are unconstitutional and can be sunk into the ground going to the Refugee Appeal Division.

Thus, left exposed here, not only the ways for the pilot to reach heaven, but LIBERTY  of flesh and bone.

"Mutters a prayer / and ends with a smile / The order is given / The moves to line combat / But I left behind / and meditate More blood will not stop / nor erase the hate. / In Both young / move to the battle zone / He feels good / God you'll never be alone / It feels so tired / lying down on her bed / Expects men to find courage / in the words addressed to them /
Pilot Sky / Sky Pilot / "

Sources consulted. Laws and Regulations.
ü Canadian Charter of Rights and Freedoms.
ü Extradition Treaty between Canada and the United States.
ü Immigration and Refugee Protection Act.
ü Refugee Protection. Rules Division.
ü Refugees. Appellate Division Rules.
ü Interim Policy. Federal Health Program.
ü Canadian Constitution Act 1982.
ü Constitutional Acts 1867-1982.

ü SkyPilot. Eric Burdon and the Animals.