Since 2016, more than 7,000 asylum requests from Mexicans have been accepted by Canada. Of all the applications from this country of origin, a growing proportion have actually been granted refugee status. It is now for these that experts, immigration lawyers and community groups are concerned.
Ottawa confirmed Thursday morning that visitor visas will be imposed in general on Mexicans, particularly those who have not traveled to Canada in the last 10 years or who do not hold an American visa.
Since this obligation was lifted in 2016, the number of asylum seekers has increased considerably, which has increased pressure on the federal government to reinstate this visa.
On the other hand, their acceptance rate increased from 25% to 41% between 2017 and 2023, gaining 15 percentage points in six years. Last year, the Immigration and Refugee Board (IRB) actually accepted (2,894) more asylum applications than it refused (2,424). The numbers mentioned by the federal Minister of Immigration, Marc Miller, as well as in a press release from his ministry, in fact include withdrawals and withdrawals of applications.
Violence
“What we see is that there are several legitimate reasons for Mexicans to request asylum,” notes Stephan Reichhold, general director of the Consultation Table of Organizations Serving Refugees and Immigrants (TCRI) .
Cartel violence, domestic or gender-based violence, persecution of members of the LGBTQ+ community: “There are many examples which give rise to acceptance of refugee status,” also notes Stéphanie Valois, co-president of the Association Quebec Association of Lawyers in Immigration Law (AQAADI).
“What’s going to happen with these people?” asks Mr. Reichhold, saying he is “worried”.
Applicants with reasons considered legitimate within the meaning of the law by the IRB do not necessarily have the “profile” to obtain a visitor visa, he also concedes.
The visa requirement risks hitting “those who really need to get out” harder, in the opinion of Adèle Garnier, professor in the Department of Geography at Laval University. They are among “the most vulnerable, who will be even more vulnerable”.
Obtaining a visitor visa can take several months. These long delays therefore constitute a danger for people really at risk, she emphasizes. To get it, you must demonstrate that you have enough money and convince an immigration agent that you will return to your country after your stay. Me Valois notably represents trans people who have requested asylum in Canada: “They often no longer have a job there and are in super precarious situations. How will they be able to demonstrate that they are going to return to Mexico?
A solid system
Granting refugee status after applying for asylum is a “robust” system, says Mme Garnier.
“I understand the government’s argument in view of the figures,” said M.e Valois, but at the same time the definition of refugee is extremely strict.” In the case of Mexicans, it is not uncommon for an IRB commissioner to say he believes an applicant, but “thinks there would be a solution elsewhere in another region of the country,” says the lawyer. .
In other words, a commissioner can be satisfied that a request is well-founded and that the evidence is sufficient; but he rejects the request due to the existence of a possibility of internal refuge in the country.
IRB commissioners use documentation binders to support their evaluation, including reports from the largest human rights organizations and certain American authorities.
The US State Department noted in 2022 that “significant” issues in Mexico include arbitrary and illegal killings by the police, forced disappearances carried out by government agents, torture at the hands of security forces and impunity. widespread.
Canadian travelers’ idea of Mexico is often far from reality, she adds, even though places like Tulum now have a significant police and military presence. “A gay tourist couple won’t be bothered or targeted by cartels,” but it’s a completely different story for the Mexicans themselves, she gives as an example.
The drop in the number of asylum requests from Mexicans, if it proves true, could be short-lived, according to Mr. Reichhold: “Every time we close one access, there are three others that arise. People find workarounds, because that doesn’t solve the problems in the countries of origin.”
As for certain people who are refused, “these are still people who are looking to move and they can’t find any other way to do it than like this,” notes M.me Garnier. And this pull from the labor market in Canada has not yet subsided.