Immigration appeals integral to democracy: lawyer
Last Updated: Saturday, February 12, 2011 | 2:03 PM MT
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A Calgary immigration lawyer says Canada's refugee system must have checks and balances.
In response to a speech in Ontario on Friday by federal Immigration Minister Jason Kenney, Gary Hansen said Canada's immigration system needs independent reviews.
In his speech, Kenney said the government must find a way to reduce the lengthy immigration cases that "creep through the courts." He said more than half of the cases that come before Federal Court are immigration or refugee-related.
Kenney said decisions made by his department are being questioned too often without justification.
Hansen isn't so sure.
"You have to kind of look at the principles behind why we have an independent judicial system in which the decision-makers are supposed to be impartial," he said.
"And even though they are finding, I guess, most of the time, the vast majority of the time, in favour of the Immigration Department, people still have that right."
Hansen said immigration appeals are essential in any democracy.
"I mean, that's what they value, that's why they're judges and they're supposed to be impartial, unbiased, fair and reasonable in their decisions because if they're not, their decisions can be appealed."
Hansen said he understands the minister's frustration with the time and expense of the federal appeals, but said some people on immigration panels don't have legal backgrounds and mistakes are made.
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