Refugee lawyers say Ottawa is abusing the court system by launching “frivolous” appeals of refugee board decisions to grant protection to Tamil asylum seekers who arrived en masse by boat three years ago.

Immigration Minister Jason Kenney, who has complained about failed refugees abusing their rights to appeal, is being criticized by lawyers for asking the federal court to reverse positive decisions granted to some of the MV Ocean Lady and Sun Sea passengers, who arrived here in 2009 and 2010.

“The concern is this is an enormous waste of resources. Some of these appeals seem to be frivolous,” said Toronto refugee lawyer Angus Grant.

“It gives rise to the impression that they are trying to use the appeal to intimidate people, to send the message out that they are going to do all they can to block the (refugee) claims of even the legitimate refugees.”

According to the Immigration and Refugee Board, 22 of the 76 Ocean Lady passengers have been granted asylum to date, while 92 of the 492 people on Sun Sea have been given protection.

Among the handful of appeals initiated by the government and heard by the court so far, the results have been mixed. Some of the original positive asylum decisions have been upheld, while others sent back to the refugee board to be reassessed, a process that can take months or years.

Citizenship and Immigration Canada spokesperson Nancy Caron noted that there have been successful refugee claims from the Sun Sea and Ocean Lady that the government has not appealed.

“It is the prerogative of individuals and the Government of Canada to ask the Federal Court to review a decision if they feel that an error has been made,” she said.

For many of the claimants, the refugee board found they did not have a well-founded fear of persecution when they left Sri Lanka, but it found they had a valid “sur place claim” — meaning they became refugees when circumstances changed after their departure.

In granting protection to these passengers, the refugee board said the Sri Lankan government suspected the passengers to be linked to the Liberation tigers of Tamil Eelam (LTTE) — a designated terrorist group by Canada — and might use torture to extract information.

“I do not find any speculation done by the (refugee board) in its assessment of the evidence nor do I find that any of its findings was based on outdated or unclear evidence,” Justice Simon Noel said in a recent decision rejecting the government’s appeal against one claimant called only “B344,” whose identity is protected like other Sun Sea and Ocean Lady passengers.

Laura Best, lawyer for B344, a Sun Sea passenger, said Ottawa rarely files judicial reviews against positive decisions by the refugee board.

“The minister is taking a hardline approach against anyone who came on the Sun Sea. It is devastating for those who waited years for a claim and won, and then had the minister taken them to the court,” said Best. “It is not just the costs to lawyers, to the court, but the delays to the system.”

Janet Dench of the Canadian Council for Refugees said the government’s appeals are a continuation of its effort to block Sun Sea and Ocean Lady passengers from accessing protection. Passengers on the boats were initially detained upon arrival, said Dench, and Ottawa fought against their release in court until it was criticized for abuse of process.

“It is not surprising that the refugee board has made findings that some claimants are refugees sur place because of the allegations made by the Canadian government at the time of the arrival of the boat,which can place the passengers at risk if returned to Sri Lanka,” said Dench.

“This is why it is never advisable for a government to make public comments about refugee claimants, whether individually or in groups.”

The government said the passage on a migrant vessel, in and of itself, does not qualify a refugee claimant for asylum protection.

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“Canadians take great pride in the generosity and compassion of our immigration and refugee programs. But they have no tolerance for those who abuse our generosity,” said Caron.

“The government is sending a clear message that our doors are open to those who play by the rules, but we will crack down on those who seek to abuse the system and our generosity.”

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