Thank you for the opportunity to appear before you today and to provide you with information on immigration enforcement and how it relates to the recent motion on spousal applications made in Canada.
While Citizenship and Immigration Canada is primarily responsible for the facilitation aspects of immigration legislation, the CBSA is primarily responsible for enforcement of the act.
Immigration policy requires control; otherwise, the program is ineffective, leaving our doors wide open. Enforcement is key to the integrity of Canada's immigration and refugee programs and is fair to the thousands of persons who come to Canada legally each year. Controls, such as removals, ensure that Canada's best interests are considered with respect to safety and security, the economy, and our humanitarian and family reunification goals.
The CBSA prioritizes its enforcement action, with the first priority being those who pose a threat to national security. The next are those involved in organized crime, those involved in crimes against humanity, and criminals. The next priority is failed refugee claimants, followed by all others who violate immigration legislation. They include those who overstay, work, study, or live in Canada without permission, and those who misrepresent themselves.
Removing someone is a lengthy process. The time from when the removal order is issued to the time someone is actually removed can often be years. High-priority cases, of course--such as criminals--take much less time because they're a priority. We process them first.
Those under removal are also entitled to various levels of appeal. These processes can take months and sometimes years to be resolved. There is plenty of time for someone who wants to live in Canada to make an application for permanent residence.
Once all avenues of appeal have been exhausted, the immigration legislation is clear: a person under removal order must be removed as soon as is reasonably practicable.
The CBSA recognizes that there are instances of marriages between Canadian citizens or permanent residents and persons who are under a removal order. It is for this reason that the agency waits 60 days before enforcing a removal order when a spousal application has been made. This application must be submitted before enforcement action begins; without this time limit, those seeking to avoid removal would make continual applications for permanent residence under the spousal in-Canada class.
This 60 days gives Citizenship and Immigration time to assess the spousal application. If the application is refused, the removal process continues; if the application is approved in principle, the removal stops.
If the 60-day deferral period elapses and no decision has been made on the spousal application, the CBSA may proceed with the removal. Although this option exists, the CBSA does not often proceed with removals if it appears that the CIC decision is imminent on the application.
If the 60-day period expires and the CBSA proceeds with removal, these persons still have the usual recourse available to them, including a request to the Federal Court to stay the removal.
Additionally, while we're not in a position to discuss individual cases, there are other factors, such as criminality or security, that may prevent an individual from benefiting from a deferral of removal.
The removals process is lengthy, giving individuals ample opportunity to make a spousal application before enforcement action is initiated. Without a cut-off date, the spousal application process would be vulnerable to abuse, as individuals who would otherwise be removed would benefit from prolonged stays in Canada regardless of whether their relationship was legitimate. Those seeking to avoid removal could make repeated spousal applications, thereby jeopardizing the integrity of the immigration program.
We believe our existing measures strike the appropriate balance between the need to meet Canada's family reunification goals and the CBSA's mandate to remove those who are inadmissible to Canada as soon as reasonably possible. The removals program supports continued compliance and is a deterrent for those who fail to respect our laws.
Thank you, Mr. Chair.