Main Points
What we examined
People from other countries—foreign nationals—who want to enter Canada as permanent residents must obtain a Canadian visa. Foreign nationals who want to enter Canada on a temporary basis must also apply for a visa, unless they are from a visa-exempt country. To obtain a visa, foreign nationals must meet all requirements for the category under which they are applying and must be deemed to be admissible. In 2010, 1.36 million visas (including 317,000 permanent resident visas) were processed at Canadian missions in foreign countries.
Admissibility of foreign nationals into Canada falls under the Immigration and Refugee Protection Act. The Act defines various situations where a foreign national would be inadmissible—for example, if the individual presents a risk to the health, safety, or security of Canadians. Administering the various provisions of the Act is a shared responsibility between Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA).
Before issuing a visa, CIC officials must determine that the applicant is admissible to Canada. They are supported in making this determination by the CBSA, which—with the help of the Canadian Security Intelligence Service (CSIS) and the Royal Canadian Mounted Police (RCMP)—coordinates and provides intelligence information related to the applicants.
We examined whether Citizenship and Immigration Canada and the Canada Border Services Agency have managed the risks associated with determining admissibility before issuing a visa, in line with the objective of the Act to protect the health, safety, and security of Canadians.
Audit work for this chapter was substantially completed on 29 April 2011.
Why it’s important
Global events in the last decade have changed the nature of threats to Canadian society. Diseases prevalent in other countries that can be transmitted rapidly worldwide, incidents of terrorism, and organized crime around the world have shown the importance of identifying individuals who present a risk and preventing their entry into Canada.
Identifying visa applicants who are inadmissible to Canada is a highly complex process that relies heavily on the judgment and experience of CIC’s visa officers in missions overseas and on the information made available to them. Visa officers are expected to make the best decisions they can with that information in the time they have available. It is critical that visa officers receive from their security and medical partners timely and reliable information on applicants.
What we found
Citizenship and Immigration Canada and the Canada Border Services Agency have taken some measures to address long-standing weaknesses in the process of determining whether visa applicants are admissible to Canada. However, deficiencies still exist in the measures used to identify foreign nationals who may be inadmissible for health, safety, or security concerns. CIC and the CBSA lack the necessary tools and information to provide assurance that risks related to the admissibility determination process are properly managed.
Some of the tools and risk indicators that visa officers use to identify inadmissible persons, and to know when to seek advice from security partners, are not kept up to date, nor are they always available. Furthermore, many CBSA analysts who provide security advice to visa officers have not received the necessary formal training to do so. Documentation to support the advice sent to visa officers offered little insight into how the analysts made their assessments, and in many cases not all the checks that should have been done were completed.
CIC lacks guidance on the use of two key criteria used in medical screening—danger to public health and danger to public safety—although it has undertaken some work to explain what they mean. Medical screening to determine danger to public health has focused mainly on the same two diseases for the past 50 years—syphilis and tuberculosis. Although today 56 diseases require national surveillance in Canada, CIC has not reviewed whether foreign nationals should also be subject to mandatory testing for some of these diseases.
CIC and the CBSA do not have systematic quality assurance practices or performance measures in place to know how well they are identifying individuals who are inadmissible because of health, safety, or security concerns. Most quality assurance practices that do exist focus on supporting decisions to refuse a visa. Because those decisions represent a very small percentage of applications each year, this means that the quality of decisions on the vast majority of applications is not reviewed.
The entities have responded. The entities agree with all of our recommendations. Their detailed responses follow the recommendations throughout the chapter.
Introduction
Legislative framework governing admissibility
2.1 The Immigration and Refugee Protection Act, which came into effect in 2002, governs immigration to Canada. One of its objectives is to protect the health and safety of Canadians and maintain the security of Canadian society. Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA) are jointly responsible for administering the Act and can deny entry to Canada for many reasons, including health, safety, or security concerns.
2.2 Citizenship and Immigration Canada enables foreign nationals to enter Canada as permanent or temporary residents by issuing visas. Under the Act, all applicants for permanent residence must obtain a visa before they can travel to Canada. A visa is also required for anyone applying for temporary residence, except citizens of countries where the Canadian government has granted a visa exemption. The temporary visa requirement applies to citizens of more than 140 countries. To obtain a visa, foreign nationals must meet all conditions for the category under which they are applying and must be admissible under the Act.
2.3 Officials of the Canada Border Services Agency are responsible for coordinating, with the Canadian Security Intelligence Service (CSIS) and the Royal Canadian Mounted Police (RCMP), information related to foreign nationals seeking entry into Canada and providing it to CIC officials to use when determining admissibility. Exhibit 2.1 shows the responsibilities for administering the key inadmissibility provisions of the Act related to health, safety, and security.
Exhibit 2.1—Citizenship and Immigration Canada and the Canada Border Services Agency share responsibility for the inadmissibility provisions of the Immigration and Refugee Protection Act
Section of the Act Responsibility for developing related policies
Section 33: The facts that constitute inadmissibility under sections 34 to 37 include facts for which there are reasonable grounds to believe that they have occurred, are occurring, or may occur. CIC and CBSA
Section 34 (Security): Applicants have engaged in spying, subversion, terrorism, or acts of violence, or they belong to organizations that have engaged in, or will engage in, these activities. CBSA
Section 35 (Human or international rights violations): Applicants have committed war crimes or crimes against humanity. They are or were senior members or officials of a government that has committed acts of terrorism, major human rights violations, genocide, war crimes, or crimes against humanity. CBSA
Section 36 (1) (Serious criminality): Applicants have been convicted of, or have committed, a crime punishable in Canada by a maximum term of imprisonment of at least 10 years.
Section 36 (2) (Criminality): Applicants have been convicted of an offence punishable in Canada or have committed an act that is an offence in Canada.
CIC
Section 37 (Organized criminality): Applicants belong to an organization that is believed to take part in organized criminal activity or to engage in transnational crimes such as people smuggling, trafficking in people, or money laundering. CBSA
Section 38 (Health): Applicants’ health conditions are likely to be a danger to public health or public safety or may cause excessive demands on Canada’s health or social services. CIC
Note: Other provisions related to inadmissibility, such as misrepresentation and financial reasons, were not addressed in the audit.
Source: Adapted from the Immigration and Refugee Protection Act
2.4 In 2010, CIC’s visa officers abroad processed visa applications for 1.04 million people seeking temporary residence and for 317,000 people seeking permanent residence. These officers assess the information provided by applicants, collect additional information if needed, seek health and security advice from federal partners, and make a final decision based on their knowledge, judgment, and use of the tools available to them. Exhibit 2.2 shows the process for determining admissibility.
Exhibit 2.2—Process for determining admissibility when issuing visas
[text version]
2.5 Visa officers work in a very complex operational environment. The type of applications they deal with and the risks to be assessed vary from one country to another. In addition, these officers can have a heavy workload. Meeting annual immigration targets and having service standards of a few days to issue temporary resident visas can make the application review process very demanding.
2.6 Visa officers must also ensure that negative decisions they make are well documented, since their work can be subject to appeals before the Immigration and Refugee Board or judicial reviews by the Federal Court.
2.7 During the audit, immigration services abroad were provided through 86 Canadian missions where about 270 Canada-based officers, 12 medical officers, and 1,305 locally engaged staff—including about 160 locally engaged visa officers—worked.
Our previous audit and subsequent events