Parliamentary Committee Notes: Immigration Security Screening – A Trilateral Program
The Government of Canada’s Immigration Security Screening Program is a trilateral program that relies on close collaboration between Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA) and the Canadian Security Intelligence Service (CSIS).
The program is a critical function of Canada’s national security and focuses on assessing admissibility of foreign nationals and permanent residents for national security, human or international rights violations and organized criminality, as outlined in the Immigration and Refugee Protection Act (IRPA):
- IRCC, CBSA and CSIS assess applicants against Section 34 of IRPA (espionage, subversion, terrorism, membership in an organization that engages in the aforementioned acts or being a danger to the security of Canada).
- IRCC and CBSA assess applicants against Section 35 (crimes against humanity, war crimes, genocide, sanctions) and Section 37 (organized criminality) of IRPA.
- IRCC assesses applicants against Section 36 (criminality) of IRPA.
Immigration security screening for individuals who make applications to IRCC consists of eight steps. A risk based approach is taken to security screening so the level of work performed, at each step of the process, varies on a case-by-case basis depending on the nature of the information and findings. An application may not go through all of the steps in the process if no adverse information is found or if concerns are negated satisfactorily.
Initial security screening
- IRCC conducts an initial security assessment of all foreign nationals who apply to come or remain in Canada. This initial assessment includes a review of departmental databases and risk indicators. It also includes the sharing of biometric information with the Royal Canadian Mounted Police (RCMP) for checks against its criminal records database, and could include checks with international partners.
- Based on the results of this assessment, IRCC identifies applications that warrant Comprehensive Security Screening and forwards the application to CBSA and CSIS. An IRCC officer can make an admissibility decision without Comprehensive Security Screening if they have enough information to be satisfied the applicant is not inadmissible to Canada. If comprehensive screening is not required, IRCC moves immediately to Step 8.
Comprehensive Security Screening
Note: In addition to screening applications forwarded from IRCC, 100% of in-Canada refugee claimants are subject to Comprehensive Security Screening by CBSA and CSIS.
- CBSA reviews the application to understand the background of the applicant (e.g. employment information, travel history) and to assess the likelihood that the applicant may be inadmissible to Canada.
- CBSA reviews its internal intelligence and enforcement databases and employs some or all of the following tools: in-depth open source checks (e.g. media and social media presence), consultation with classified intelligence databases, and consultation with foreign partners. CBSA determines whether the file can be cleared or whether inadmissibility concerns (i.e. national security, human or international rights violations and / or organized criminality) exist.
- In parallel to CBSA’s review, if there are questions of national security with the application, CSIS also reviews the file, employing all or some of the following tools: open source review, consultation with foreign partners and security interviews. CSIS determines whether the file can be cleared (i.e. no concerns identified at this point) or whether national security concerns exist.
- If an applicant is determined as having possible national security concerns, CSIS will undertake additional investigative steps, which can include: checks with various classified intelligence databases, consultation with international allies to obtain intelligence, specialized reviews of open sources information and other tools. On some occasions, the outcome will be that the national security concerns are addressed and CSIS will return the application to CBSA with a favorable response. Other times, CSIS will provide CBSA with a “security advice brief” explaining the adverse findings.
- Based on the CSIS and CBSA findings, CBSA provides a security screening recommendation to support a final decision by IRCC.1 The recommendation must meet the legal threshold of reasonable grounds to believe that the applicant is inadmissible to Canada as assessed by IRCC.
Final decision
- IRCC makes the final decision on visa issuance as well as on application for temporary and permanent resident status. If IRCC requires further information to address admissibility concerns, it can interview the applicant or request further information. Applicants are informed of admissibility concerns prior to a final decision being made through a procedural fairness letter and are given an opportunity to provide additional information at this time. If the officer concludes the applicant inadmissible, the final decision will document the reasons for refusal including the reasons supporting the inadmissibility finding.
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