Government backtracks on plan for online-only asylum applications

Less than a week after the government said it would require online submissions for all asylum seekers into Canada, the immigration minister's office now says that will not be the case. 

According to a spokesperson for Immigration Minister Sean Fraser, the government has dropped the idea — which was introduced in the budget tabled Thursday by Finance Minister Chrystia Freeland.

"Accessibility is paramount and submitting a claim by paper is still an option," Aidan Strickland wrote in a media statement on Monday, responding to questions from CBC News.

"Asylum seekers will continue to be treated with compassion by Canada as they submit their claim by paper or electronically."

On page 119 of the budget, the government outlined its intention to change the Immigration and Refugee Protection Act, to "require the electronic submission of asylum claims."

Paper submissions make it difficult to track the relevant information and lead to "processing delays," the document said.  

But the proposed change raised concerns with immigration and refugee experts who spoke with CBC News. 

"It wouldn't leave room to accommodate individuals who may otherwise not be able to access technology readily," said Arghavan Gerami, an immigration and refugee lawyer based in Ottawa.

"For example, if they're in difficult circumstances, if they're in a shelter, if they're not able to gain access to counsel immediately." 

Gerami said every second counts while making asylum applications. If claimants are stuck waiting for access to technology or counsel, "they will still have the onus of explaining the additional delay for not having made the claim earlier. So that in turn will cause more anxiety for them."

'Very big barrier'

In her statement, Strickland said the government made its decision "based on consultations with many stakeholder groups and clients.

"Digital intake for asylum claims was initially introduced as a facilitative measure during the pandemic, and was well-received by clients."

The government launched an online portal last October, but until now it has only been mandatory for most inland claimants; people who are already in Canada while asking for asylum.

"We found it really a very big barrier for people to get over," said Janet Dench, executive director for the Canadian Council for Refugees.

"What we often find is that the efficiencies are designed to accommodate the government and with very little thought to what it's going to be like for people on the other side."

The Immigration Department intends to resettle some 76,545 refugees and protected persons in 2022. Some of them will include a number among the 40,000 Afghans it promised to bring in last year after Kabul fell to the Taliban, as well as Ukrainians fleeing the Russian invasion. 

Government defends digitization

At a news conference in Halifax Tuesday, Fraser said the government will continue to encourage applicants to apply online.

He said there are several benefits to going digital, such as faster processing and the ability to send updates on applications to phones.

"There are certain people who don't have the means to apply digitally, but we do try to encourage them at every step," he said.

He added he was surprised when he became minister of immigration to learn how paper-based the immigration system remains in Canada.

"My jaw nearly hit the floor after I dug in following my appointment to this portfolio at the extent to which we can improve by adopting a modern and digital system," he said.

But Fraser acknowledged that online-only services can be a barrier to some applicants.

"We don't want to exclude them from the system at the same time we try to enhance and promote digitization," he said.

Freeland, who attended the news conference with Fraser, said the government needs to take a compassionate approach, even if digital applications are more effective for some.

"It's important for the government to … be compassionate, and to be thoughtful about the needs of these most vulnerable, vulnerable people, and to meet them where they are, where they need to be met," she said.

Prime Minister Justin Trudeau also responded to criticism of the online requirement for applications.

"There are massive pressures on our immigration system," Trudeau said at an event in Victoria on Monday. 

"We know that improving the digital portals will be a way of getting more people through quickly, but it is not meant to be a barrier to prevent people from access, it's actually a way of enhancing the abilities and the pathways for people to be able to get through that process quickly and be able to come to Canada faster." 

This year's budget also proposes to provide $43.5 million to maintain federal support to immigration and refugee legal aid services.