Amnesty International welcomes Canada’s decision to remove all countries from the Designated Countries of Origin (DCO) list. The DCO regime violates the rights of refugee protection claimants to a fair hearing by imposing shorter timelines and other measures for no reason other than the claimant’s country of origin. Furthermore, delays in accessing the Pre-Removal Risk Assessment (PRRA) for claimants from DCO countries have been found to be unconstitutional.
In March 2019, the Federal Court struck down the distinction between the DCO and non-DCO claimants’ access to the PRRA. While DCO claimants were ineligible to apply for a PRRA for 36 months from the date of rejection of their claims, non-DCO refugee claimants were ineligible for 12 months after rejection of their claims. This difference in treatment was considered unconstitutional. Similarly, in July 2015, the Federal Court found that differential treatment in accessing the Refugee Appeal Division between DCO and non-DCO claimants was contrary to the Canadian Charter of Rights and Freedoms.