Apologies upfront for some repetition. Given the extent to which claims about reliance on CBSA travel history continually recur in RO and citizenship topics, it is important to be clear about what PRs can expect. And in this regard, for now (subject to change of course) PRs should NOT expect IRCC to use the CBSA travel history for any purpose other than to make a binary judgment: do the CBSA records verify the PR's travel history, YES or NO.
There's lots of strong argument that IRCC could and should use CBSA records for more than that. That's not what I have been discussing. I have been addressing how IRCC, for now, uses CBSA travel history records. And that's rather limited. IRCC uses the CBSA records to catch and identify, in the PR's declarations, any omissions, inaccuracies, inconsistencies, or incongruities . . . that is, to catch and identify any reason to question the PR's presence.
Or to what extent there is a practical difference.
In my clumsy, wordy way, I have employed thousands of words to say some fairly simple, and I hope practical things. I have excuses for going long. For one, to a large extent I show-my-work.
In regards to the lengthy "primer" posts, it warrants repeating and emphasizing that NONE of this matters for the vast majority of PRs who meet the respective presence qualification (whether applying for citizenship or a PR card or a PR TD), and who completely and accurately report their travel history (with allowances for minor errors).
So, to be clear, for the PR who completely and accurately reports their travel history, there is no need to think about, let alone worry about how IRCC uses the CBSA travel history records.
Sometime ago @Ponga referenced and linked a blog entry titled "Entry and Exit Records Will Leave You Nowhere to Hide." I am not familiar with the source otherwise, so know nothing about its credibility, but that particular blog entry largely tells the practical side of the tale, as it is stated in its concluding paragraph:
The discussion here is NOT for those who do that.
For others, the question is: "How does IRCC use CBSA travel history records?"
Repeating and rephrasing a little, the simple and practical answer is --
Some might say that to the extent IRCC considers the CBSA travel history records to verify a PR's travel history, that is using the records to show and establish the PR's presence. That's a different discussion. That's about PRs who completely and accurately report their travel history. That should be a very short and simple discussion: for the PR who completely and accurately reports their travel history, IRCC can and probably will verify the travel history using CBSA entry records. End of that story.
This discussion is about how IRCC uses the CBSA travel history other than that, and is of import only if and when the CBSA travel history, or any other information, does not confirm the PR has completely and accurately disclosed travel dates.
In any event, I believe there is no disagreement that --
Or to what extent there is a practical difference.
I hope I am not cherry picking out of context, but on the practical question side of things you comment: "applicants hoping that they can just rely on entry/exit info to solve everything have misplaced expectations," and you acknowledge "Now I doubt IRCC will ever use this term prima facie evidence" . . . (and to be clear, I have looked, knowing how to look, and have found not a hint that IRCC, IAD panels, FC justices, or in PR presence cases the Minister's counsel, even refer to the CBSA records supporting an inference of presence let alone consider CBSA travel history to be prima facie evidence of presence -- and I'd be much interested in any source otherwise).
That is, you appear to agree that IRCC primarily uses the CBSA travel history as a tool for testing the reliability of the PR's reporting.
And, likewise, you appear to agree that IRCC does not say that the CBSA travel history constitutes prima facie evidence of presence (as in, does not use the term).
You hedge some about the extent to which IRCC officials consider CBSA travel history "sufficient," but of course to even get an application into processing the PR MUST, absolutely MUST attest to dates they exited and entered Canada, and in addition to that provide a full address and work history. That much additional information is always necessary to sufficiently establish presence. So there should be no disagreement that IRCC officials will not consider the CBSA travel history to be sufficient documentation of presence. Not close.
At the risk of overstating things, if for example a PR does not disclose travel history details but, instead, states: "see my CBSA travel history records," the PR card or PR TD application will not lead to the issuance of a new PR card or PR TD no matter what the CBSA records show, even if the PR attaches a copy of CBSA records obtained through an ATIP request.
Which brings this to questions about the probative weight of the CBSA travel history records. But not objectively. Not in the context of an adjudication before a trier-of-fact. What is important here, the context here, is the weight or significance officials in IRCC give CBSA travel history records.
And what all my many thousands of words have been trying to illuminate is the way in which IRCC actually uses CBSA travel history records is essentially to make a binary judgment: do the CBSA records verify the PR's travel history, YES or NO.
If YES, if the PR's travel history is confirmed to be sufficiently reliable to make a determination of presence, end of story.
If NO, if looking at the CBSA records (and it warrants emphasizing, if looking at any other information) it appears there is reason to question the PR's presence, IRCC will request additional evidence, make further inquiry, or make an investigatory referral, or some combination of these, to more fully examine evidence of presence.
If and when IRCC's examination of the CBSA records raise questions about the PR's presence, so far as we can see IRCC turns to and relies on other evidence to make the presence determination.
Sure, the extent to which the CBSA records concur with or differ from the PR's declarations will undoubtedly influence the scope and depth of scrutiny. Nonetheless, in engaging in further examination of presence, there is no indication that IRCC otherwise makes inferences of presence based on the CBSA records. In the IAD and Federal Court decisions, in particular, there are scant indications of any inferences of presence based on CBSA records, and to the extent CBSA records are referenced this is almost always to identify discrepancies in the PR's account.
All of which leads back to the point of this, which is PRs can basically FORGET about the CBSA records (unless one needs them to help reconstruct their own travel history). In an application, get the dates right, no problem. Get the dates wrong, CBSA records will probably alert IRCC they are off. Or as said in the blog that @Ponga referenced, "Entry and Exit Records Will Leave You Nowhere to Hide."
There's lots of strong argument that IRCC could and should use CBSA records for more than that. That's not what I have been discussing. I have been addressing how IRCC, for now, uses CBSA travel history records. And that's rather limited. IRCC uses the CBSA records to catch and identify, in the PR's declarations, any omissions, inaccuracies, inconsistencies, or incongruities . . . that is, to catch and identify any reason to question the PR's presence.
I am not sure what the disagreement is about, whether it is substantive or procedural, as to terminology, or perhaps perspective.
Or to what extent there is a practical difference.
In my clumsy, wordy way, I have employed thousands of words to say some fairly simple, and I hope practical things. I have excuses for going long. For one, to a large extent I show-my-work.
In regards to the lengthy "primer" posts, it warrants repeating and emphasizing that NONE of this matters for the vast majority of PRs who meet the respective presence qualification (whether applying for citizenship or a PR card or a PR TD), and who completely and accurately report their travel history (with allowances for minor errors).
So, to be clear, for the PR who completely and accurately reports their travel history, there is no need to think about, let alone worry about how IRCC uses the CBSA travel history records.
Sometime ago @Ponga referenced and linked a blog entry titled "Entry and Exit Records Will Leave You Nowhere to Hide." I am not familiar with the source otherwise, so know nothing about its credibility, but that particular blog entry largely tells the practical side of the tale, as it is stated in its concluding paragraph:
The main takeaway is you must take care that you are fulfilling your physical residence requirements and that in any immigration application you should double or even triple-check all the information you submit. If you are uncertain of some dates or lengths of time or other information, you should explain that on a separate page or in any provided space in the forms used for the specific immigration application.
The discussion here is NOT for those who do that.
For others, the question is: "How does IRCC use CBSA travel history records?"
Repeating and rephrasing a little, the simple and practical answer is --
-- for IRCC, the CBSA travel history is primarily a tool for testing the reliability of the PR's reporting, not to show or establish a PR's presence
Some might say that to the extent IRCC considers the CBSA travel history records to verify a PR's travel history, that is using the records to show and establish the PR's presence. That's a different discussion. That's about PRs who completely and accurately report their travel history. That should be a very short and simple discussion: for the PR who completely and accurately reports their travel history, IRCC can and probably will verify the travel history using CBSA entry records. End of that story.
This discussion is about how IRCC uses the CBSA travel history other than that, and is of import only if and when the CBSA travel history, or any other information, does not confirm the PR has completely and accurately disclosed travel dates.
In any event, I believe there is no disagreement that --
-- a PR applying for citizenship needs to be certain they have met the presence requirement
-- for a PR making a PR card or PR TD application, they need to do likewise as to the PR Residency Obligation UNLESS they are relying on H&C relief
-- it is imperative in any of these applications the PR report travel history dates completely and accurately, and acknowledge any uncertainty (also applies to PR relying on H&C relief)
wordy guy said:
As I noted: I am not sure what the disagreement is about, whether it is substantive or procedural, as to terminology, or perhaps perspective.
Or to what extent there is a practical difference.
I hope I am not cherry picking out of context, but on the practical question side of things you comment: "applicants hoping that they can just rely on entry/exit info to solve everything have misplaced expectations," and you acknowledge "Now I doubt IRCC will ever use this term prima facie evidence" . . . (and to be clear, I have looked, knowing how to look, and have found not a hint that IRCC, IAD panels, FC justices, or in PR presence cases the Minister's counsel, even refer to the CBSA records supporting an inference of presence let alone consider CBSA travel history to be prima facie evidence of presence -- and I'd be much interested in any source otherwise).
That is, you appear to agree that IRCC primarily uses the CBSA travel history as a tool for testing the reliability of the PR's reporting.
And, likewise, you appear to agree that IRCC does not say that the CBSA travel history constitutes prima facie evidence of presence (as in, does not use the term).
You hedge some about the extent to which IRCC officials consider CBSA travel history "sufficient," but of course to even get an application into processing the PR MUST, absolutely MUST attest to dates they exited and entered Canada, and in addition to that provide a full address and work history. That much additional information is always necessary to sufficiently establish presence. So there should be no disagreement that IRCC officials will not consider the CBSA travel history to be sufficient documentation of presence. Not close.
At the risk of overstating things, if for example a PR does not disclose travel history details but, instead, states: "see my CBSA travel history records," the PR card or PR TD application will not lead to the issuance of a new PR card or PR TD no matter what the CBSA records show, even if the PR attaches a copy of CBSA records obtained through an ATIP request.
Which brings this to questions about the probative weight of the CBSA travel history records. But not objectively. Not in the context of an adjudication before a trier-of-fact. What is important here, the context here, is the weight or significance officials in IRCC give CBSA travel history records.
And what all my many thousands of words have been trying to illuminate is the way in which IRCC actually uses CBSA travel history records is essentially to make a binary judgment: do the CBSA records verify the PR's travel history, YES or NO.
If YES, if the PR's travel history is confirmed to be sufficiently reliable to make a determination of presence, end of story.
If NO, if looking at the CBSA records (and it warrants emphasizing, if looking at any other information) it appears there is reason to question the PR's presence, IRCC will request additional evidence, make further inquiry, or make an investigatory referral, or some combination of these, to more fully examine evidence of presence.
If and when IRCC's examination of the CBSA records raise questions about the PR's presence, so far as we can see IRCC turns to and relies on other evidence to make the presence determination.
Sure, the extent to which the CBSA records concur with or differ from the PR's declarations will undoubtedly influence the scope and depth of scrutiny. Nonetheless, in engaging in further examination of presence, there is no indication that IRCC otherwise makes inferences of presence based on the CBSA records. In the IAD and Federal Court decisions, in particular, there are scant indications of any inferences of presence based on CBSA records, and to the extent CBSA records are referenced this is almost always to identify discrepancies in the PR's account.
All of which leads back to the point of this, which is PRs can basically FORGET about the CBSA records (unless one needs them to help reconstruct their own travel history). In an application, get the dates right, no problem. Get the dates wrong, CBSA records will probably alert IRCC they are off. Or as said in the blog that @Ponga referenced, "Entry and Exit Records Will Leave You Nowhere to Hide."
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