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Copyright © 1999 CBC
All Rights Reserved

Chinese migrants denied due process, critics charge
WebPosted Sat Nov 6 08:42:35 1999

VANCOUVER - In Vancouver, several groups helping Chinese migrants with their refugee claims are accusing Canadian authorities of bias against the claimants who arrived on smuggling ships last summer.

They're calling for an independent review of the refugee hearing process.

They say many migrants have received poor legal advice, and others have been treated unfairly.

Indeed, from the moment their four boats arrived off the B.C. coast, the Chinese migrants have been treated differently than other refugee claimants.

First, they were all held in custody in a military gym. Then, instead of being let go until their refugee hearings, most were locked up in jails. And they jumped the queue, having their refugee claims heard ahead of thousands of other applicants.

Immigration lawyer Zool Sooleman wonders why all the special treatment.

"The only urgency that we can see is that these are Chinese migrants who have received enormous media attention and who now have to be put through the system to justify a get-tough policy," Sooleman told CBC News.

He and colleague Victor Wong believe part of that get-tough policy involves denying the migrants adequate legal representation.

The B.C. legal aid system has asked lawyers to bid on contracts to represent 25 migrants at a time, a move Sooleman calls "treating these people like cattle."

"It's an auction bid. They're being raced through the bottom of the system. It's discriminatory and should be stopped right now."

Wong's group worries that panel members who rule on the claims aren't taking enough time to make their decisions -- often giving a verbal ruling within 30 minutes.

Add it all up, say the critics, and it appears the Canadian government is trying to deny the migrants due process.

The manager of the immigration and refugee board, Lynn Gates, says that's nonsense.

"I'm sure I can state unequivocally that the politics surrounding this issue has nothing to do with the decisions on a day-to-day basis," Gates told CBC News.

As well, legal aid officials say they've had no complaints from any of the migrants about the quality of their legal representation.

But critics are unlikely to be satisfied until the immigration and refugee board starts handing down some decisions in favour of the migrants.

The board has settled 76 refugee claims -- all either rejected or abandoned.

In all those cases, the panel members didn't believe the stories the migrants told about facing persecution at home in China.



Chris Brown reports for CBC Radio.


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