The anatomy of a Background Check? - <<<<<<IN-DEPTH ANALYSIS>>>>>>>

[legalfalcon]

Hi Legalfalcon,

I've found this information and think it could be useful.
http://www.cbsa-asfc.gc.ca/security-securite/screen-verific-eng.html

I am aware of this, but it does not talk about people at the post and pre screening. CBSA regulates what comes into Canada, from people to goods. The question is, for PR applications, are all files sent, and if yes, why only a few take time while others do not.

 

[pnpab]

I am aware of this letter and the language. The issue is when does the IRCC decide to send a file to CBSA in absence of any legislative mandate, which is express for CSIS. Is it based on CSIS response, or something else. This is a big question as these details are not made public.

All files with any agency are processed in sequence, unless a file is a priority.

Cbsa coordinates the security screening process which involves several agencies including csis. Csis completes their investigation and sends the report to cbsa. There is a public government minutes of meeting explaining their roles and the interfaces.

 

[legalfalcon]

Cbsa coordinates the security screening process which involves several agencies including csis. Csis completes their investigation and sends the report to cbsa. There is a public government minutes of meeting explaining their roles and the interfaces.

Can you provide the link to those minutes you are referring to, and if CBSA coordinates it, then why is not present in the CBSA act, or a regulation, could you point that out too.

 

[legalfalcon]

Cbsa coordinates the security screening process which involves several agencies including csis. Csis completes their investigation and sends the report to cbsa. There is a public government minutes of meeting explaining their roles and the interfaces.

"The Security Screening Program is responsible for the security screening of foreign nationals who have been referred to the CBSA by an IRCC visa officer abroad or in Canada, who are seeking to come to Canada as a permanent resident, temporary resident (e.g., visitor) or refugee, or are already in Canada and seeking to remain as a temporary or permanent resident."


See Pg 23 of this report http://www.cbsa-asfc.gc.ca/agency-agence/reports-rapports/rpp/2016-2017/rpp-2016-2017-eng.pdf

 

[pnpab]

Can you provide the link to those minutes you are referring to, and if CBSA coordinates it, then why is not present in the CBSA act, or a regulation, could you point that out too.

I found the link in one of the forum on this website. I'll look for it. Also If you get csis atip notes it shows the sequence of ss activities that they did on the file. It shows the client is the cbsa and the response was sent back to cbsa.

 

[pnpab]

So

"The Security Screening Program is responsible for the security screening of foreign nationals who have been referred to the CBSA by an IRCC visa officer abroad or in Canada, who are seeking to come to Canada as a permanent resident, temporary resident (e.g., visitor) or refugee, or are already in Canada and seeking to remain as a temporary or permanent resident."


See Pg 23 of this report http://www.cbsa-asfc.gc.ca/agency-agence/reports-rapports/rpp/2016-2017/rpp-2016-2017-eng.pdf

Maybe it was this document not a minutes of meeting. Did I get it right?

 

[legalfalcon]

I'll found the link in one of the forum on this website. I'll look for it. Also If you get csis atip notes it shows the sequence of ss activities that they did on the file. It shows the client is the cbsa and the response was sent back to cbsa.

The CSIS only issues a letter, which states when they received the file and finished working on the file. There is nothing more to it except the last line which states that the the file may now be with IRCC or CBSA. Also see the link shared above.

Then you make a statement that "Cbsa coordinates the security screening process which involves several agencies including csis. Csis completes their investigation and sends the report to cbsa," please back it up with a law or regulation, or an internal memo.

As regards CSIS, I have quoted the specific sections which grant CSIS the mandate to conduct screening. With regard to CBSA, the CBSA Act mandates to enforce many act,

• Agriculture and Agri-Food Administrative Monetary Penalties Act
• Air Travellers Security Charge Act
• Canada Agricultural Products Act
• Canada Customs and Revenue Agency Act
• Canadian Food Inspection Agency Act
• Canadian International Trade Tribunal Act
• Department of Citizenship and Immigration Act
• Criminal Code
• Cultural Property Export and Import Act
• Customs Act
• Customs and Excise Offshore Application Act
• Customs Tariff
• Employment Insurance Act
• Excise Act
• Excise Act, 2001
• Excise Tax Act
• Family Orders and Agreements Enforcement Assistance Act
• Feeds Act
• Fertilizers Act
• Financial Administration Act
• Fish Inspection Act
• Health of Animals Act
• Immigration and Refugee Protection Act
• Income Tax Act
• Meat Inspection Act
• Plant Protection Act
• Proceeds of Crime (Money Laundering) and Terrorist Financing Act
• Public Service Superannuation Act
• Royal Canadian Mint Act
• Seeds Act
• Special Import Measures Act

As regards the IRPA, it is clear from the port of entry investigations and enforcements. So is the mandate on CBSA being the final authority on determining criminal admissibility. But with regard to security screening, its not clear.

 

[legalfalcon]

So

Maybe it was this document not a minutes of meeting. Did I get it right?

Please read page 23. I have quoted the relevant part, it is not what you quoted above, and neither is it any where close to what you stated:


Cbsa coordinates the security screening process which involves several agencies including csis. Csis completes their investigation and sends the report to cbsa.


vs.


"The Security Screening Program is responsible for the security screening of foreign nationals who have been referred to the CBSA by an IRCC visa officer abroad or in Canada, who are seeking to come to Canada as a permanent resident, temporary resident (e.g., visitor) or refugee, or are already in Canada and seeking to remain as a temporary or permanent resident."


The question is that all files will go through CSIS, but when will they go to CBSA, and what is the procedure, and the legislative or regulatory mandate.

 

[pnpab]

The CSIS only issues a letter, which states when they received the file and finished working on the file. There is nothing more to it except the last line which states that the the file may now be with IRCC or CBSA. Also see the link shared above.

Then you make a statement that "Cbsa coordinates the security screening process which involves several agencies including csis. Csis completes their investigation and sends the report to cbsa," please back it up with a law or regulation, or an internal memo.

As regards CSIS, I have quoted the specific sections which grant CSIS the mandate to conduct screening. With regard to CBSA, the CBSA Act mandates to enforce many act,

• Agriculture and Agri-Food Administrative Monetary Penalties Act
• Air Travellers Security Charge Act
• Canada Agricultural Products Act
• Canada Customs and Revenue Agency Act
• Canadian Food Inspection Agency Act
• Canadian International Trade Tribunal Act
• Department of Citizenship and Immigration Act
• Criminal Code
• Cultural Property Export and Import Act
• Customs Act
• Customs and Excise Offshore Application Act
• Customs Tariff
• Employment Insurance Act
• Excise Act
• Excise Act, 2001
• Excise Tax Act
• Family Orders and Agreements Enforcement Assistance Act
• Feeds Act
• Fertilizers Act
• Financial Administration Act
• Fish Inspection Act
• Health of Animals Act
• Immigration and Refugee Protection Act
• Income Tax Act
• Meat Inspection Act
• Plant Protection Act
• Proceeds of Crime (Money Laundering) and Terrorist Financing Act
• Public Service Superannuation Act
• Royal Canadian Mint Act
• Seeds Act
• Special Import Measures Act

As regards the IRPA, it is clear from the port of entry investigations and enforcements. So is the mandate on CBSA being the final authority on determining criminal admissibility. But with regard to security screening, its not clear.

That letter is sent if you write a request to csis for status of ss. That's not what I was talking about. I'm talking about ATIP request sent to csis which requires you to specify what information you need. That's where you see cbsa is listed as the client. That atip response is sent in a CD not in a letter.

 

[pnpab]

Please read page 23. I have quoted the relevant part, it is not what you quoted above, and neither is it any where close to what you stated:


Cbsa coordinates the security screening process which involves several agencies including csis. Csis completes their investigation and sends the report to cbsa.


vs.


"The Security Screening Program is responsible for the security screening of foreign nationals who have been referred to the CBSA by an IRCC visa officer abroad or in Canada, who are seeking to come to Canada as a permanent resident, temporary resident (e.g., visitor) or refugee, or are already in Canada and seeking to remain as a temporary or permanent resident."


The question is that all files will go through CSIS, but when will they go to CBSA, and what is the procedure, and the legislative or regulatory mandate.

Please read page 23. I have quoted the relevant part, it is not what you quoted above, and neither is it any where close to what you stated:


Cbsa coordinates the security screening process which involves several agencies including csis. Csis completes their investigation and sends the report to cbsa.


vs.


"The Security Screening Program is responsible for the security screening of foreign nationals who have been referred to the CBSA by an IRCC visa officer abroad or in Canada, who are seeking to come to Canada as a permanent resident, temporary resident (e.g., visitor) or refugee, or are already in Canada and seeking to remain as a temporary or permanent resident."


The question is that all files will go through CSIS, but when will they go to CBSA, and what is the procedure, and the legislative or regulatory mandate.

I'm not worried about where it is written. The bottom line is my application was chosen for ss. Csis sent the report to cbsa and cbsa told me they are working on my file. Ircc said they are waiting to hear from cbsa. All that matters right now is when they finish their work and finalize my application. I just hope that it doesn't take more than 6 months as it has been in ss stage for 8 months already and the APR in process for 21 months.

 

[legalfalcon]

That letter is sent if you write a request to csis for status of ss. That's not what I was talking about. I'm talking about ATIP request sent to csis which requires you to specify what information you need. That's where you see cbsa is listed as the client. That atip response is sent in a CD not in a letter.

Even for the notes, the client is CBSA, but the question still remains, is when you state that CSIS sends it to CBSA, where is the procedure and the law? I have shared page 23 of the document published by CBSA, where it clearly states:

"The Security Screening Program is responsible for the security screening of foreign nationals who have been referred to the CBSA by an IRCC visa officer abroad or in Canada, who are seeking to come to Canada as a permanent resident, temporary resident (e.g., visitor) or refugee, or are already in Canada and seeking to remain as a temporary or permanent resident."

 

[pnpab]

Even for the notes, the client is CBSA, but the question still remains, is when you state that CSIS sends it to CBSA, where is the procedure and the law? I have shared page 23 of the document published by CBSA, where it clearly states:

"The Security Screening Program is responsible for the security screening of foreign nationals who have been referred to the CBSA by an IRCC visa officer abroad or in Canada, who are seeking to come to Canada as a permanent resident, temporary resident (e.g., visitor) or refugee, or are already in Canada and seeking to remain as a temporary or permanent resident."

I think I don't have the level of knowledge you have about these things as I don't quite understand the implication of your question. I'm not sure why the specifics of the procedure has to be stated in form of a law and why does it have to be made public. Wouldn't that jeopardize the procedure to begin with?

 

[legalfalcon]

I think I don't have the level of knowledge you have about these things as I don't quite understand the implication of your question. I'm not sure why the specifics of the procedure has to be stated in form of a law and why does it have to be made public. Wouldn't that jeopardize the procedure to begin with?

I understand the dilemma you are in, especially when your application is stuck. I sincerely hope that you get the PPR soon.

In the absence of any material available, it becomes difficult to understand what is happening. The material I could find, I have already posted. Now the next quest is what triggers a SS. This is what I am trying to ascertain and any help or leads in that regard will be most helpful. It is not about my application or your, it is about explaining the process in simple terms, that has been my objective here.

I hope your file moves soon and keep me posted.

All the best!

 

[dds2010]

Hi legalfalcon,

The following is the online status of my application status. AOR Jan-13-2017. Ontario nomination.

Application status

We are processing your application. We will send you a message when there is an update or if we need more information from you.

Review of eligibility: We are reviewing whether you meet the eligibility requirements.

Review of medical results: You passed the medical exam.

Review of additional documents: We do not need additional documents.

Interview: You do not need an interview. We will send you a message if this changes.

Biometrics: We do not need your fingerprints. We will send you a message if this changes.

Background check: We are processing your background check. We will send you a message if we need more information.

Final decision: Your application is in progress. We will send you a message once the final decision has been made.

Do you think my application is under Security Screening? I had ordered GCMS notes 2 weeks ago. I have e-mailed Ottawa multiple times and tried to inquire via web form as well regarding the status but they just say that it is in process. There is no information on what is going on with the application and how long it's gonna take.

Dear legalfalcon, what is your impression? Any insight would be helpful.

Thanks.

 

[Ferasz]

I understand the dilemma you are in, especially when your application is stuck. I sincerely hope that you get the PPR soon.

In the absence of any material available, it becomes difficult to understand what is happening. The material I could find, I have already posted. Now the next quest is what triggers a SS. This is what I am trying to ascertain and any help or leads in that regard will be most helpful. It is not about my application or your, it is about explaining the process in simple terms, that has been my objective here.

I hope your file moves soon and keep me posted.

All the best!

Hi Legalfalcon
just to add to your quest. My criminality also went to sceeenings during R10 which took 5 months to clear. when I ordered notes, the section was redacted with s16 (1) on the top. This was before A11.2 started. After eligibility was passed, I raised CSE and got a reply that my application needs additional verification which I understood as SS (awaiting my notes to confirm). So, two times screenings for a straight forward application!! and when I say straight forward, I mean no military history, no significant travel history (only to home country to visit family), never worked for government, and I live in one of the safest countries in the world. I guess it is my nationality...?