OTTAWA — The Federal Court says treating refugee claimants differently depending on their country of origin marginalizes, prejudices and stereotypes applicants — and, in one aspect, violates their charter rights.
In another blow to the Conservatives' overhaul of the refugee determination process, the court has ruled that denying claimants from certain countries the right to appeal decisions is clearly discrimination on the basis of national origin.
Among other things, the government had argued the system was not discriminatory because the country itself is not the test, but whether or not the country's characteristics make it a safe place.
But Justice Keith Boswell disagrees and is also refusing to grant the government's request to suspend his decision for 12 months, ruling that each day the current system is in force is another day in which refugee claimants' rights are being denied.
In 2014, a Federal Court judge ruled against elements of the new system that allocate health care coverage based on country of origin, saying that also violated refugee claimants' charter rights.
The Conservative government is currently appealing that decision and has made no immediate comment on the new ruling.
