Success rates: Why some refugee claimants may have better odds in Canada

FROM NEWS1130.com

WINNIPEG – Bundled against bone-chilling cold, asylum-seekers hoping to gain refugee status in Canada have been trudging through ditches and fields along the border with the United States.

Many have already had refugee or asylum claims turned down in the U.S. and feel they may have more success in Canada. That assumption, say some immigration lawyers, is correct.

“I think that there is a lack of access to justice (for claimants in the United States),” said Bashir Khan, an immigration lawyer in Winnipeg.

“In most of Canada, you do get … a legal-aid assigned lawyer. You’re not put in immigration detention, so you are able to make long-distance calls to gather evidence that your lawyer may tell you is needed.”

Alastair Clarke, another immigration lawyer in the city, said he has represented people who have been rejected in the United States but are accepted in Canada.

“It happens regularly,” he said.

“In the United States, there’s a much higher rate of detention … and when the individual is detained, it’s much more difficult for them to access counsel. They have limited rights to legal counsel for legal advice, and the counsel who do represent them are often lawyers who don’t specialize in (immigration).”

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