its judgment in MSS v Belgium and Greece considered that there had been a violation of Article 3 ECHR by both Belgium and Greece due to the authorities’ treatment of the asylum-seeker. The court attached considerable importance to the applicant’s status as an asylum-seeker and, as such, a member of a particularly underprivileged and vulnerable population group in need of special protection.32 As part of the second phase of the CEAS, revisions to the asylum directives have been negotiated in order to iron out the ambiguities that have led to the poor implementation of the directives in many EU Member States and inconsistent standards in national asylum procedures. All directives within the CEAS framework were renegotiated and formally adopted by July 2013. EU Member States need to transpose the amendments into their national law at the earliest by July 2015. North America – Key trends and asylum procedures Asylum trends • • • Asylum procedures in Canada • • • • Asylum procedures in the USA • • Asylum applications in the region increased by only 3 percent compared to 2011. In Canada, asylum applications decreased by 19 percent. By contrast, the USA saw a 10 percent increase in asylum applications.33 Victims of torture or violence may be considered vulnerable or urgent cases within Canada’s resettlement programme, in which case their resettlement application is prioritised ahead of regular refugee cases.34 For in-country applications, an application can be made at a port of entry or at an immigration centre. Claims considered to be eligible are referred to the Refugee Protection Division for a hearing before the Immigration and Refugee Board (IRB). Some categories of applicant are given priority, including persons who have been identified as vulnerable. According to the IRB’s published guidelines, this can include persons who have “experienced or witnessed torture or genocide or other forms of severe mistreatment”.35 Cases may be decided within six months, although more complex cases have a longer processing period. Proposed legislation was reintroduced in 2012 that would penalize asylum-seekers arriving in Canada in an irregular manner, for example when smuggled by sea. The proposals include lengthy mandatory detention without timely review of the grounds of detention and other measures that violate international norms.36 The refugee resettlement programme can grant refugee status to applicants outside of the USA. Some asylum applicants enter the USA by other methods and seek asylum or other forms of relief, including protection under the UNCAT. There are two procedures for in-country applicants: • Affirmative procedure – for individuals who are lawfully present (e.g. on a student or tourist visa) or who have no lawful immigration status but have not been apprehended by immigration authorities. Applications are adjudicated in non-adversarial proceedings at Asylum Offices. The asylum officer will interview the applicant con- ... 16 / Recognising victims of torture in national asylum procedures

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