Citizenship and Immigration Committee on March 10th, 2008

[Susan Kramer]

Yes.

[Thierry St-Cyr, Bloc, Jeanne-Le Ber, QC]

Earlier, Mr. Stewart told us that he did not have any figures about the number of people who have been removed to their country of origin before receiving a response from CIC. In your experience with public servants, what do those working on these files think? When faced with this type of situation, they must get a little angry and think that it is a failure, that something went wrong somewhere. Do you have an idea of the magnitude of the situation? Are they exceptional cases? Is this rather rare or common? Could you give the committee an idea?

[Susan Kramer]

I think we could say that it is rare. As Mr. Stewart said, we discuss the files, because it is not worth removing someone who will return the following day. So we try to work together to avoid such a situation.

[Thierry St-Cyr, Bloc, Jeanne-Le Ber, QC]

That is what you were referring to when you said in your speech that the agency does not often proceed with removals if it appears that the CIC decision is imminent on the application. You consult each other to find out if the decision is imminent, and if the department knows you are going to remove these people, it arranges things so the decision is imminent. Is that right?

[Susan Kramer]

Yes.

[Thierry St-Cyr, Bloc, Jeanne-Le Ber, QC]

And so, in fact, if a person is subject to a removal order, it could speed up his application process.

[Susan Kramer]

Not necessarily, because it takes time before we are prepared to remove someone. It can even take years.

[The Chair, Conservative, Norman Doyle]

Thank you.

Ms. Chow, seven minutes.

Thank you, Mr. St-Cyr.

[Olivia Chow, NDP, Trinity—Spadina, ON]

If there are H and C grounds for sponsoring a spouse, rather than through the specific class, it's still a spousal sponsorship. They take longer, right?

[Rick Stewart]

I'm sorry, which takes longer?

[Olivia Chow, NDP, Trinity—Spadina, ON]

If it's applying--

[Rick Stewart]

Under the scope of the public policy?

[Olivia Chow, NDP, Trinity—Spadina, ON]

--under humanitarian and compassionate grounds, sponsoring a common law partner or a spouse. So you have two categories. One is the spousal application, and the other is on H and C grounds. Right? So that takes quite a bit longer?

[Brenna MacNeil, Director, Social Policy and Programs, Immigration Branch, Department of Citizenship and Immigration]

Are you referring to a separate agency application, not the public policy with respect to the in-Canada class?

[Rick Stewart]

We've used the public policy provisions under the H and C portion of the act to put people who wish to submit a spousal application, who are out of status, in the same standing as someone who is in status. So they are processed and treated in the same collection of applications that somebody in status would submit. So they fall under those timelines and are processed under that category.

[Olivia Chow, NDP, Trinity—Spadina, ON]

I understand that, but for your H and C ground applications, normally the consideration takes a lot longer than six months. Am I correct?

[Rick Stewart]

Because they're being considered for factors other than spousal relationships.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Right, but it's quite long. Sometimes it could be a year. What's the average timeline?

[Rick Stewart]

The average time for processing H and C applications is 25 to 30 months, and that's a reflection of the volume of applications.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Then during this time you proceed with removals.

Maybe Ms. Kramer can answer this question. How many of these 12,637 people you remove have an H and C application while you are removing them?

[Susan Kramer]

There is a percentage of them who do.

[Olivia Chow, NDP, Trinity—Spadina, ON]

What percentage?

[Susan Kramer]

I'll have to get you that. I don't have that right at my fingertips.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Would you be able to give it to us?

[Susan Kramer]

Yes.