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...received in Canada. We found that there were fewer truly unaccompanied minors than previously reported. In the asylum stream, only 0.63 per cent (or 1,087) of the total claimant population were found to be unaccompanied by adults in the past five years. In the resettlement stream only two truly unaccompanied minors were resettled during 2003 and 2004. Regarding their socio-demographic characteristics, we found that unaccompanied minors compose a highly heterogeneous group from man), different countries.
Regarding how they were received in Canada, very little evidence existed. Our study found that unaccompanied and separated asylum-seeking minors showed a higher acceptance rate and quicker processing times than the adult population, but details about the minors' actual reception into Canada remains to be further explored.
This study recommends that Citizenship and Immigration Canada review its administrative databases with a view toward improving the data about separated/unaccompanied children. Consistent and detailed definitions are required to develop a comprehensive policy framework for unaccompanied/separated minor refugees in Canada.
Resume
L'article remplit quelques failles d'information relativement aux mineurs separes/non accompagnes au Canada. En s'appuyant sur l'analyse de bases de donnees administratives de Citoyennete et Immigration Canada, l'article se penche sur le nombre reel de refugies mineurs separes/non accompagnes, qui ils sont et comment ils sont accueillis au Canada. Il en resulte un nombre moins eleve de mineurs reellement non accompagnes que le nombre diffuse anterieurement. Parmi le flot de refugies, seulement 0,63 pour cent (ou 1 087) de l'ensemble de la population requerante etait non accompagne par des adultes au cours des cinq dernieres annees. Dans l'ensemble des reinstallations, seulement deux mineurs vraiment non accompagnes ont fait l'objet d'une relocalisation en 2003 et 2004. A l'egard de leurparticularites socio-demographiques, l'etude a demontre que les mineurs non accompagnes formaient un groupe hautement heterogene issu de nombreux pays differents.s
Il existe peu de traces de la facon dont ils ont ete accueillis au Canada. L'etude revele que les demandes d'asile parmi les mineurs separes et non accompagnes sont davantage acceptees et jouissent d'un temps de traitement plus court que parmi la population adulte. Toutefois, une analyse detaillee sur l'accueil reel des mineurs au Canada reste a faire.
L'article recommande que Citoyennete et Immigration Canada revoit ses bases de donnees administratives avec l'objectif de mettre a jour les renseignements sur les enfants separes/non accompagnes. Il est necessaire d'avoir des definitions coherentes et detaillees pour etablir un cadre politique global a l'egard des mineurs separes/non accompagnes au Canada.
Introduction
While a substantial body of literature on unaccompanied/separated children asylum seekers exists in Europe, surprisingly little has been published about their counterparts in Canada. Moreover, most of the existing publications by scholars and non-governmental organizations (NGOs) start by lamenting the lack of reliable data in Canada. (1) This has led to requests from national and international sources to provide statistics in order to develop a consistent national policy on the reception and care of unaccompanied/separated children in the refugee protection stream. For example, the Concluding Observations of the UN Convention on the Rights of the Child monitoring committee 2003 is especially concerned about the absence of a definition of "separated child" and the lack of reliable data on asylum-seeking children. (2) This paper addresses these gaps. It explores the inconsistencies and inadequacies in administrative databases of Citizenship and Immigratino Canada (CIC) with regard to unaccompanied/separated minors and investigates the following questions: How many unaccompanied/separated refugee minors are there in Canada? Who are they? How are they received once they arrive in Canada? In so doing, we hope to help identify the current challenges and policy priorities for the future.
The paper will first present a brief introduction to the two strands of Canada's refugee protection program (in-Canada asylum and overseas resettlement) in the context of protecting minor refugees, followed by a summary of the debates surrounding the definition of unaccompanied/separated minors. This section includes the definitions and terminology adopted for the purpose of this paper. Substantive findings will follow separately for the asylum-seeking minors and resettled minors. Finally, the paper ends with a brief summary and concluding remarks.
1. Canada's Refugee Protection System and Unaccompanied/Separated Minors
In keeping with its humanitarian tradition and international obligations, Canada provides protection to thousands of people every year through our refugee protection system. (3) All policies and programs relating to unaccompanied/separated children refugees are created and administered in accordance with the 2002 Immigration and Refugee Protection Act (IRPA), (4) as well as the Canadian Constitution, including the Charter of Rights and Freedoms, the Privacy Act, and other domestic legislation where appropriate. Internationally, Canada is a signatory to the 1951 Convention relating to the Status of Refugees, (5) the Convention on the Rights of the Child, (6) and other international legal instruments.
Canada's refugee protection system consists of two main components: the In-Canada Refugee Protection Process, for persons making refugee protection claims from within Canada, and the Refugee and Humanitarian Resettlement Program, for people seeking protection from outside Canada.
1.1. In-Canada Refugee Protection Process
Canada offers protection to people in Canada who have a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, or a danger of torture or risk to life or cruel and unusual treatment or punishment in their country of nationality. A claim for protection in Canada can be made at a port of entry or at a CIC office. An officer will determine whether a refugee protection claimant is eligible to be referred to the Immigration and Refugee Board (IRB) for a decision with regard to the risks for the individual upon return. Protection is conferred when the IRB determines that the applicant is a Convention refugee or person in need of protection. Protected persons are eligible for various types of settlement assistance. Unsuccessful claimants enter the removal stream. However, as Canada is committed to ensuring that people are not returned to a country where they would be at risk, most persons under a removal order that is in force can apply for a Pre-Removal Risk Assessment (PRRA). In addition, at any time in the process, an applicant can apply to remain in Canada for humanitarian and compassionate reasons (H&C). (7) In making an H&C decision, the officer is required to take into account the best interests of a child directly affected.
1.2. Humanitarian Resettlement Program
Foreign nationals are also able to apply for refugee protection while outside Canada through the Refugee and Humanitarian Resettlement Program. Resettlement involves both the selection of refugees overseas and the settlement assistance necessary to facilitate their subsequent integration in Canada. The Canadian government has several programs to help refugees resettle in Canada and establish themselves in their new home. Government Assisted Refugees (GARs) are referred by UNHCR and supported through the Resettlement Assistance Program. Privately Sponsored Refugees (PSRs) are supported by voluntary sponsoring groups who provide refugees with lodging, care, and settlement assistance.
IRPA enhanced Canada's ability to assist unaccompanied/separated minors by introducing additional flexibility with regard to family composition. (8) However, CIC realized that a number of Canadian families, who had agreed to act as guardians for refugee minors, were unable to provide the specialized care and attention that these refugee minors needed. As neither the Canadian sponsorship infrastructure nor the provincial child welfare services were able to provide the necessary care and protection for these minors, a moratorium on the resettlement of separated minors was pronounced in May 2001, preventing the resettlement in Canada of truly separated minors who are without the care and protection of a bona ride caregiver. (9)
2. Defining "Unaccompanied/Separated Minors"
There is a consensus that unaccompanied/separated minor refugees are particularly vulnerable. The consensus breaks down however, when it comes to identifying exactly who these minors are. The widest definition identifies as "unaccompanied" any minor who is not with both parents who have documents, such as birth certificates, marriage licenses, or passports, to prove the relationship. At the other end of the spectrum, the narrowest excludes as accompanied any minor who is with or who expresses the intent to join any adult, such as a parent, uncle, or family friend. For accurate reporting and policy development, not least the minor's safety, it is important to be clear about who falls within the definition. Therefore, based on a literature review, we have identified the following elements that must be clarified in order to define the population in question: who is a minor (age); what does being unaccompanied/separated entail (presence or absence of parents or custodians at specific points in time); and in the absence of parents or legal custodians, who...
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Reflections on Gendering Canada's Refugee Process., June 22, 2006
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