Dear Matt,
IS CSIS INCAPABLE OF MAINTAINING A DIRECT LINK WITH IRCC? WHY IS CBSA NECESSARY FOR LINKING IRCC AND CSIS?
CBSA (AND NOT CSIS) IS ''RESPONSIBLE'' for 3 COMPONENTS OF ADMISSIBILITY: 1 SECURITY (Sec A34 IRPA) · 2 ORGANIZED CRIMINALITY ( Sec A37 IRPA)· human or international rights violations (Sec A35 IRPA). And this is the reason, all requests of security screenings by IRCC are submitted to CBSA through GCMS, and CSIS then conducts the screening on request of CBSA.
As per the guideline of CIC (the link is mentioned below, if you care to/want to read it), "permitting Canada to pursue the maximum social, cultural and economic benefits of immigration, protecting the health and safety of Canadians and maintaining the security of Canadian society are important objectives of the Immigration and Refugee Protection Act (IRPA or the Act)".
This protection of health, safety and security of the Canadian society is controlled by s 33-41 of the IRPA.
According to sec 33 of the act: inadmissibility can be related to: · criminality; section A36 · organized criminality; Sec A37 · security; Sec A34· human or international rights violations; Sec A35· health; Sec A38 · financial reasons; · misrepresentation; · non-compliance with Act; · inadmissible family members (sec A39-41).
Now, as per this manual/guideline of CIC (
http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf),
CBSA has policy responsibility for organized criminality; Sec A37 · security; Sec A34· human or international rights violations; Sec A35. And this is the reason, IRCC send requests of security screenings to CBSA through GCMS. CBSA can forward to either CSIS or any other agency it deems necessary for conductinng additional verifications. I believe, in some instances CBSA itself can also be doing verifications directly.
This guideline of IRCC states that ‘’Security screening pursuant to section(s) 34, 35 and/or 37 of IRPA 4.1 Mandate of the National Security Screening Division, CBSA
The National Security Screening Division (NSSD) of the International Operations Directorate of CBSA conducts security screening in the context of applications for temporary residence visas, applications for permanent residence visas and claims for refugee protection. In this context only, NSSD provides recommendations on admissibility on national security cases related to section(s) 34, 35 and/or 37 of IRPA as follows: Security Screening Intelligence Analysis Section
The Security Screening Intelligence Analysis Section (SSIA) within NSSD is the primary point of contact at the CBSA for all operational screening-related issues pertaining to security screening of applications for permanent residence pursuant to sections(s) 34, 35 and/or 37 or IRPA. Officers who suspect that an applicant may be inadmissible pursuant to section(s) 34, 35 and/or 37 of IRPA, but need additional information to make a determination, should send the case to SSIA for in-depth security screening via the Global Case Management System (GCMS) for overseas cases as per the instructions in the Immigration Control (IC) Manual – Chapter 1: Security Screening of Permanent Residence Applications. When sending a case for security screening, officers should include as much information as possible, including details on adverse information. Pg17
The CBSA has the policy responsibility with respect to organized criminality [A37]. For assistance in the context of security screening, officers should contact the appropriate section in NSSD as noted in section 4 of this manual. Pg 18
Security The CBSA has the policy responsibility with respect to security and espionage[A34]. For assistance in the context of security screening referrals, officers should contact the appropriate section in NSSD as noted in section 4 of this manual. Pg21
Human or international rights violations The CBSA has the policy responsibility with respect to human and international rights violations [A35]. For assistance in the context of security screening, officers should contact the appropriate section in NSSD as noted in section 4 of this manual. For cases that do not fall under the purview of NSSD or if officers require general assistance in researching or obtaining additional information, they may contact the Security Intelligence Section of the IOAD via
Intell_Security-Rens_Securite@cbsaasfc.gc.ca for information on section 35 of IRPA. Pg24
Medical inadmissibility CIC has the policy responsibility with respect to medical inadmissibility [A38].IRCC clears this based upon medicals submitted during EAPR.
Except for the two classes of criminality specifically relate to organized criminality (for which the CBSA has the policy responsibility); CIC has the policy responsibility for the remaining 7 classed of criminality (which are specified within the provisions of section A36). IRCC clears this based on clean PCCs that we submit during EAPR.
FINAL DECISION REGARDING ADMISSIBILITY IS UPON VISA OFFICER, BUT CBSA IS RESPONSIBLE FOR ADMISSIBILITY REPORT REGARDING SECURITY, ORGANIZED CRIMINALITY AND HUMAN RIGHTS VIOLATIONS. IT CAN INVOLVE CSIS OR ANY OTHER AGENCY FOR CERTIFICATIONS, BUT , at the end, CBSA IS RESPONSIBLE TO PREPARE REPORT FOR ABOVE THREE FACETS OF ADMISSIBILITY
BEFORE IRCC CAN MAKE THE FINAL DETERMINATION.