Whether Vive la Casa personnel provide advice or direction to individuals regarding whether they should claim refugee status in Canada or the United States; whether such advice or direction given varies according to individuals' country of origin [USA37514.E]

Vive la Casa is a non-governmental organization based in Buffalo, New York which provides assistance to "asylum seekers making their way into Canada" (Vive la Casa n.d.a). Between May 2000 and April 2001, the organization "sheltered and served" 4,961 individuals (ibid. n.d.b).

In a 24 July 2001 interview, Vive la Casa's legal services coordinator stated that most individuals served by the organization have already decided to make a refugee claim in Canada and hence are not considering the possibility of claiming refugee status in the United States. The legal services coordinator added that Vive la Casa does not "push" either the Canadian or American refugee determination systems; individuals are provided with information regarding both systems, after which they make up their own minds as to what they are going to do.

According to the legal services coordinator, only on very rare occasions does the legal department undertake analyses of cases and advise the individuals concerned of their options regarding how they should proceed. Advice given is dependent upon the circumstances of each case, and the legal services coordinator cited the example of inquiries received from Colombians regarding the feasibility of making a refugee claim. In cases where such individuals are alleging persecution by non-state actors, they would be advised that their claim is more likely to be successful in Canada than in the United States. In a 27 July 2001 interview, the staff attorney at Vive la Casa provided the additional example of a woman who had been advised that she may wish to seek relief in the United States in order to take advantage of that country's violence against women provisions.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References


Vive la Casa, Buffalo, New York. 27 July 2001. Telephone interview with staff attorney.

_____. 24 July 2001. Telephone interview with legal services coordinator.

_____. n.d.a. "Welcome to VIVE La Casa." http://www.vivelacasa.org/ [Accessed 24 July 2001]

_____. n.d.b. "VIVE Facts." http://www.vivelacasa.org/facts.htm [Accessed 24 July 2001]