their removal”54, (b) or they could not prove their identity. Stateless people would most likely be
detained on either of these two grounds. Such detentions can be lengthy given the circumstances,
unless they benefit from alternatives to detention. Long-term detention can in particular occur if
the persons are considered to be uncooperative with the authorities in obtaining identity or travel
documents to satisfy concerns of flight risk or to assist with their deportation; inability to get
foreign governments’ cooperation in issuing travel documents; when they are considered a
danger to the public due to their criminal background; or, because alternatives to detention are
not considered a viable alternative.
Detained stateless people who do not have a criminal background should be immediately
identified for an alternative to detention under the government’s National Immigration Detention
Framework that seeks, among other objectives, to release low-risk individuals into an ATD
under specific terms and conditions and reporting requirements.
a. Failed Asylum-Seekers
Failed asylum-seekers receive health care under the Interim Federal Health Program until they
leave Canada. They can also work (with a work permit) during the period of their appeal.
Normally, persons subject to removal orders cannot work or study; however, there is an
exception for persons whose removal order cannot be enforced (for example, if they cannot get
travel documents or there is no country that will admit them). Stateless persons who are under a
removal order may therefore be able to study or continue working.
Noor and her husband are of Palestinian descent and were born in a Palestinian refugee
camp in Lebanon. They are not entitled to the Lebanese nationality, nor do they enjoy
the right to study or work. After having lived for a period of time in the United Arab
Emirates, Noor and her family travelled to Canada via the U.S. where Noor applied for
refugee status. Her request was denied and, because of the manner in which she entered
Canada, fell into a category that does not have access to an appeal before the RAD. She
was therefore ordered to leave Canada. Noor has since filed a judicial review against the
refugee decision, but the review is in abeyance pending the outcome of another case,
which challenges the RAD bar for persons like Noor. While they await this decision,
Noor and her husband are without health care and her husband’s two applications for a
work permit have been denied, forcing her husband to work for low pay in informal jobs.
“This [refugee status] ID I have is expired… I was sick a week ago and the doctor would
not accept [me]. This is dangerous… I feel stressed… it’s hard to stay like this. Thinking
about this is hard. Just waiting and waiting”. [Noor]
b. Failed Permanent Residence Applications Based on H&C Grounds
Failed H&C applications can be reviewed at the Federal Court of Canada. Applicants have 15
days to make this request. Evidence not submitted in the original application will not be
54 Canada Border Services Agency. Annual Detention Statistics – 2012-2018. (25 October 2018)
15
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