Question Period Note: VENEZUELA

Vulnerable Populations: Venezuela

• Canada remains deeply concerned by the critical and worsening political and economic situation in Venezuela.
• Venezuelans who fear persecution and flee to neighboring countries can register in those states for asylum, with state authorities or with United Nations Refugee Agency.
• United Nations Refugee Agency refers vulnerable and at-risk individuals for resettlement when no other solution can be found.

If pressed on the request by the UNHCR for Canada to consider a refugee resettlement program for Venezuelans

• There is currently no special program in place for Venezuela at this time.
Pre-removal risk assessments (failed refugee claimants)
• In most cases, foreign nationals have to wait 12 months before they can apply for a pre-removal risk assessment after they get a negative decision on their asylum claim. However, due to the conditions in Venezuela, Canada is allowing some Venezuelans to apply before the 12 months have passed.
• As a result, some individuals from Venezuela who were previously ineligible for a pre-removal risk assessment may now be eligible.
Passports
• To help facilitate travel for Venezuelans, Canada now recognizes the decree, published by the Venezuelan National Assembly on June 7, 2019, that extended the validity of Venezuelan passports for five years.
• As a result, Venezuelan passport holders wanting to travel to, or stay in, Canada can use their passport if it expired less than 5 years ago or will soon expire.
• Venezuelans can use these passports to apply for a visitor visa, a study or work permit, or permanent residence or to extend their stay in Canada.
• Applicants must meet all eligibility and entry requirements to travel to, and to stay in, Canada.

• The political and economic crisis in Venezuela continues to escalate, with the ruling party of Nicolas Maduro having consolidated its power in a new political body (National Constituent Assembly or “ANC”) that has the power to dissolve the opposition-led National Assembly, rule by decree, and unilaterally rewrite the Constitution.

• Mass protests that began in early April, resulting in more than 120 deaths and thousands of arbitrary arrests, have diminished considerably since the ANC’s installation in early August 2017, but the repression, harassment and arrest of political opponents is ongoing.

• As of June 2019, United Nations Refugee Agency (UNHCR) reported that the number of refugees and migrants from Venezuela had reached over 4 million.

• As the situation in Venezuela continues, the number of Venezuelans seeking asylum outside Venezuela has soared. In 2016, there were some 27,000 Venezuelan asylum seekers worldwide; yet, as of July 2017, nearly 50,000 Venezuelans have applied for asylum around the globe.

• Further, as a result of the worsening situation in Venezuela, some opposition political figures and judges have begun requesting asylum at foreign embassies in Caracas. Reports indicate that Venezuela nationals, including judges and opposition leaders, have sought asylum at the embassies or ambassadors’ residences of Chile, Mexico and Panama. This trend is expected to continue.

• As of October 2019, there has been no indication of improvement in country conditions. There have also been reports of escalating security concerns involving the presence of armed groups in the Colombia-Venezuela border. The European Union implemented additional sanctions on Venezuelan officials on September 30 due to concerns over torture, human rights violations, and abuses of office.

Resettlement
• Venezuelans who fear persecution from the government and flee to neighboring countries can register with the state authorities or UNHCR and apply for refugee status on the basis of a well-founded fear of persecution based on political opinion and/or other applicable reasons. UNHCR can refer Venezuelans to Canada through the Refugee Resettlement Program if they determine resettlement to be the best solution. Private sponsors in Canada may also submit applications on their behalf if they are outside Venezuela.

• As part of Canada’s Refugee Resettlement Program, Canada reserves space to respond to emergency requests from UNHCR to provide urgent protection to persons who qualify for resettlement. The Urgent Protection Program ensures that Canada is able to respond to urgent requests (up to 200 cases a year) from UNHCR for resettlement of refugees under threat of being returned home, of expulsion or of facing direct threats to their lives, liberty or physical safety.

Public Policies
• Section 25.2 of the Immigration and Refugee Protection Act (the Act) provides the Minister of IRCC with the authority to establish a temporary public policy to facilitate the immigration of foreign nationals who do not otherwise meet the criteria of the Act. Public policies are only used on exceptional basis following careful consideration to determine if one is both necessary and appropriate for the situation.

In-Canada Asylum System
• The in-Canada asylum system offers a robust framework that provides protection to asylum seekers who meet the definition of a refugee under the 1951 United Nations Convention Relating to the Status of Refugees and its 1967 Protocol and to persons in need of protection. The system allows for persons who fear persecution in their home country to have their claim heard by the Immigration and Refugee Board of Canada.

Canada - Admissions of Permanent Residents as Resettled Refugee and Protected Person in Canada by Immigration Category and Select Country of Citizenship, Venezuela, 2006 - November 2019
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Jan-Nov 2019
Venezuela 160 95 55 25 20 110 75 80 65 60 110 145 370 405

Administrative Deferral of Removal
• On January 24, 2019, the Canada Border Services Agency (CBSA) imposed an Administrative Deferral of Removals (ADR) to Venezuela. As a result of the political unrest and humanitarian crisis, the CBSA will be able to defer the removal of most Venezuelan nationals.

• An ADR is issued by the CBSA when immediate action is needed to temporarily defer removals in situations of humanitarian crisis. An ADR is also currently in place for certain regions in Somalia (Middle Shabelle, Afgoye, and Mogadishu), the Gaza Strip, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, and Burundi.

• Foreign nationals who are inadmissible and subject to removal on grounds of security, violating human or international rights, serious criminality or criminality, ties to organized crime, or who are referred to in section F of Article 1 of the 1951 United Nations Refugee Convention are not eligible for an ADR and therefore are removed as soon as possible, and individuals who wish to depart voluntarily may continue to do so.

• The CBSA will continue to monitor the country conditions in Venezuela, and once conditions improve, a decision will be made on whether removals can be reinstated.

Exemption to the bar on pre-removal risk assessments

• As a result of the significant change in country conditions in Venezuela that could put individuals in a risk situation, some individuals are now exempt from the 12-month bar on applying for a pre-removal risk assessment (PRRA) depending on when they received a negative decision from the Immigration and Refugee Board of Canada or the Federal Court or a final PRRA decision from IRCC.

• Normally, those whose refugee claim, Federal Court decision or previous application for a PRRA was rejected, abandoned or withdrawn, may not apply for a PRRA for least 12 months. However, the country’s worsening conditions could put individuals in a risk situation, in which case they may warrant an additional assessment. For this reason, some individuals from Venezuela are now exempt from the 12-month bar on applying for a PRRA if they received a final decision on or between August 20, 2018, and August 19, 2019.

• The ability to apply for a PRRA does not guarantee the outcome of the risk assessment. IRCC will continue to decide cases individually, based on the information provided. In most cases where the PRRA application is accepted, the foreign national will become a protected person and can apply for permanent residence.

Passport
• Canada recognized the decree published by the Venezuelan National Assembly on June 7, 2019. This means that Venezuelan passport holders wanting to travel to or stay in Canada can now continue to use their passport if it expired less than 5 years ago or will soon expire. See this web notice for more information.

Canada - Admissions of Permanent Residents as Resettled Refugee and Protected Person in Canada by Immigration Category and Select Country of Citizenship, 2006 - June 2019 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Jan-June 2019
Venezuela 160 95 55 25 20 110 75 80 65 60 110 145 370 405