Ottawa is “aggressively” pursuing failed refugees by reporting them to provincial authorities to cut them off social assistance, the Star has learned.

Community groups and legal clinics say they have seen a surge of cases over the last few months where failed refugees have had their government cheques terminated by the province as soon as the Canada Border Services Agency (CBSA) issued an “enforceable removal order” against them.

According to the provincial Ministry of Community and Social Services, there were 1,390 social assistance recipients terminated in Ontario between April 2004 and March 2013 with “unsuccessful refugee claimant” as the primary reason. By comparison, 502 recipients were cut off for the same reason in the first eight months of this year.

Critics say some of these welfare recipients are still in the middle of an appeal, a humanitarian application, applying for travel documents or waiting for scheduling by CBSA for deportation, and are not yet ready for removal for months to come.

“It is our impression that the federal government is trying to force these people out by cutting off their assistance, so they have no choice but to leave Canada,” said Avvy Go, director of the Metro Toronto Chinese and Southeast Asian Legal Clinic, which has received a few such cases.

“Why is CBSA aggressively doing it? It’s not their jurisdiction whether someone is on welfare or not. They have cut health care for refugees and now they are using the financial stick as a tool to force people to leave.”

A border service spokesperson denies that there is a new policy directive, saying that officials are simply following an information-sharing agreement established between Ottawa and Ontario in 2004.

“Sharing immigration and immigration enforcement related information, including disclosing if an individual is a failed refugee claimant or under a removal order, is not done proactively by the CBSA,” its spokesperson, Esme Bailey, said in an email.

“When the province seeks a status update on an individual case, the CBSA shares this information per the agreements. . . . The CBSA shares immigration and immigration enforcement related information with the province at the request of the province.”

According to Ontario laws, a welfare applicant must have legal status in Canada and someone facing a removal order will no longer qualify.

“Determining the legal status of refugee claimants is entirely a federal responsibility. If a refugee claim is unsuccessful, the federal government issues a removal order and he or she must leave the country,” Ontario Ministry of Community and Social Services spokesperson Kristen Tedesco said in an email. “In this case, he or she is ineligible for assistance.”

However, there are exemptions: when a pre-removal risk assessment is pending, a removal order has been stayed, a humanitarian application is granted or a removal order cannot be carried out for reasons beyond the individual’s control, such as failing to obtain a travel document.

Erzsebet Boncz, 37, and her autistic son, Levente, 5, had their $1,100 monthly government assistance terminated in May, after their asylum attempt failed.

Since then, the mother and son from Hungary have been waiting for deportation and survive on the local food bank and a $100 monthly stipend from a refugee shelter.

“I believe if someone wants to work, you will find work. But I can’t because I have to look after my child 24/7,” said Boncz, a widow, who claimed she and her son were lured to Canada by an acquaintance who filed an asylum claim for them, detained them and took all their welfare money before they fled to a shelter.

“I can understand why the government wants to cut off the assistance for refugees, but as a mother, my heart says this is still a better life than I could do at home in Hungary, where unemployment is high and there is no help from anyone.”

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In the past fiscal year, social assistance to all refugee claimants cost Ontario about $232 million, including $190.5 million under Ontario Works and $42.1 million through the Ontario Disability Support Program.

Francisco Rico-Martinez of Toronto’s FCJ Refugee Centre says officials have definitely stepped up their effort since this summer, adding that failed refugee claimants still need the support until they are physically removed from Canada, which can be delayed indefinitely for a variety of reasons.

Rico-Martinez and others have contacted provincial officials to raise their concerns, and were told they must present a letter from border officials to state their clients are “not removal-ready” in order to have their welfare cheques reinstated.

“We talked to CBSA but they said they’re not going to create a letter like that for us. Why would they?” said Rico-Martinez, whose office has five such cases in recent weeks.

“We have no problem with them cutting the assistance, but they should only do it when someone has a removal date and can be removed.”

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