Evidence of meeting #45 for Citizenship and Immigration in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was nairobi.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Daphne Keevil Harrold  Analyst, Library of Parliament
Rénald Gilbert  Director General, International Region, Department of Citizenship and Immigration
Michael Boekhoven  Immigration Program Manager, Nairobi, Kenya, Department of Citizenship and Immigration
Sean McLuckie  Immigration Program Manager, Taipei, Taiwan, Department of Citizenship and Immigration

8:50 a.m.

Conservative

The Chair Conservative David Tilson

Good morning, everyone. This is the Standing Committee on Citizenship and Immigration, meeting number 45, on Tuesday, March 1, 2011. On the orders of the day, our discussion is on immigration application process wait times.

As you can see from our agenda, we have for the first hour, which is now less than an hour, representatives from Nairobi, Kenya. In the second hour, we have representatives from Taipei, Taiwan.

For the final 10 minutes, we have a notice of motion from Monsieur St-Cyr. We will hopefully resolve that in the 10 minutes.

I would also like to advise the committee that our analyst, Daphne Keevil Harrold, is leaving us. It's hard to believe, but she's leaving on March 11. She's going to the Federation of Law Societies of Canada. She'll be here for a little bit, but not much.

She has served us well. I think we should show our appreciation and wish her well in her next adventure in life.

[Applause]

I won't ask you to speak, because you're probably embarrassed.

8:50 a.m.

An hon. member

I think she'd like to.

8:50 a.m.

Conservative

The Chair Conservative David Tilson

Would you like to say a few words?

8:50 a.m.

Daphne Keevil Harrold Analyst, Library of Parliament

No, no.

8:50 a.m.

Conservative

The Chair Conservative David Tilson

In any event, we'll proceed.

We will miss you, Daphne. On behalf of the committee, we wish you well in the next stage of your life.

We have with us this morning Monsieur Gilbert, who is the director general of the international region of the Department of Citizenship and Immigration. He's going to introduce each of the witnesses for each hour.

Monsieur Gilbert, you have the floor.

8:50 a.m.

Rénald Gilbert Director General, International Region, Department of Citizenship and Immigration

I don't have a speech, per se. I mostly want to introduce my colleagues and to be available for questions.

One thing I'd like to point out is that this morning you are going to see two offices--our colleagues who'll be talking are from these offices--that represent probably both ends of the spectrum in terms of type of clientele. I think it will give you a very good idea of the rationale for the differences between the various offices. We have an extremely complex type of workload in some places, and in others we have a single type of clientele.

Before going any further, I'd like to introduce my colleagues from Nairobi. You have Michael Boekhoven on the screen. He is the immigration program manager for that office. Two of his colleagues are with him, and they are Taitu Deguefé and Liisa Coulombe. You can't see them now, but they are there to answer questions, if you have some.

8:50 a.m.

Conservative

The Chair Conservative David Tilson

Thank you, sir.

Monsieur Boekhoven....

Did I pronounce your name correctly, sir?

March 1st, 2011 / 8:50 a.m.

Michael Boekhoven Immigration Program Manager, Nairobi, Kenya, Department of Citizenship and Immigration

That's correct. Thank you.

8:50 a.m.

Conservative

The Chair Conservative David Tilson

Thank you, sir.

If you could make a brief presentation to the committee, we would appreciate that.

8:50 a.m.

Immigration Program Manager, Nairobi, Kenya, Department of Citizenship and Immigration

Michael Boekhoven

Thank you, Mr. Chairman, for the opportunity to speak to the committee about visa processing in Nairobi. As you know, my name is Michael Boekhoven, and I am the immigration program manager in Nairobi. I'm joined on the line by Taitu Deguefé, my operations manager, and Liisa Coulombe, who is the head of our permanent resident processing unit.

Before talking about specific aspects of Nairobi's visa programs, I'd like to give the committee a brief contextual overview. Nairobi's is a full-service immigration program responsible for 18 countries. Of those countries, the most significant volumes come from Kenya, Ethiopia, Uganda, and Mauritius. But in terms of time spent on processing due to the complexity of the cases, Kenya, Somalia, Ethiopia, the Democratic Republic of Congo, Rwanda, and Burundi constitute the bulk of the work.

The size and geographical realities of the territory covered, ongoing strife within and between countries, the complex interweaving of national, ethnic, and tribal relations, the vastly differing legal frameworks and cultural contexts, and the poor and deteriorating quality of infrastructure throughout the region make the simplest processing tasks problematic, and all contribute to making Nairobi a very challenging program on every front.

Postal and related communications systems are so rudimentary or unreliable that it is difficult to establish and maintain contact with applicants. The relative lack of sophistication of our clientele requires repeated and numerous efforts to request information or even to come for an interview. Travel within the region is arduous and often dangerous.

Nairobi is staffed by twelve Canadian officers, which includes two Canada Border Services Agency officers and one medical officer. There are three locally engaged officers with decision-making authority, and 33 other locally engaged support staff, or LES.

The program has been supported by a constant rotation of temporary duty officers and between four and six emergency LES. Nairobi is also supported by LES in Addis Ababa and in Kinshasa and by staff in other offices such as the Canadian consulate in Kigali and in offices of the honorary consulates in Kampala, Burundi, Djibouti, and Madagascar.

Nairobi relies extensively on support from the Department of Foreign Affairs and International Trade in a number of locations. Personal security for both Canada-based and locally engaged staff is an area of ongoing concern. Nairobi is itself subject to increasing political, ethnic, and crime-related violence. This has a direct impact on efficiencies within the office where issues of personal safety take priority—for example, overtime after dark is not a viable option.

In 2010 Nairobi processed more than 1,800 family class cases, nearly 1,400 refugee cases, approximately 500 skilled worker cases, and about 11,700 applications from visitors, students, and temporary workers. Included in the family class are dependants of refugee claimants in Canada; and in the refugee program, dependants of refugees whose family members were landed without them.

Now I will turn to the various business lines. First of all, I'll speak about the family class. In general, our clientele is not familiar with procedure; given the unreliable nature of official record-keeping, lack of documentation and improperly completed applications are constant sources of inefficiency. This is made more challenging, as already mentioned, because our applicants are often in remote locations where there are real difficulties in communications.

Nairobi met its full priority family class target for 2010, and the capacity for the office to deal with these cases continues to improve. For 2011 we expect to issue an additional 200 visas over the number issued last year.

Although family class priority application intake is down again in 2010 over 2009, the overall inventory totals over 2,140 cases. In 2010 the processing times peaked at 29 months.

To address these processing times, Nairobi has undertaken a number of initiatives. They include a major reorganization of the entire visa section, which was completed in 2010; upfront file triage; focused reallocation of resources; and deployment of significant incremental and temporary resources.

Nairobi is unable to waive more than 50% of cases, due in part to the lack of documentation and the propensity of applicants to add dependants who are not their biological children. This leads, of course, to a disparity between processing times for waived cases and cases requiring interview, especially for those who are not readily accessible.

Another recent trend has been the substantial growth in the number of adoption cases handled by Nairobi, largely out of Ethiopia. Although there is growing interest in adoptions from Uganda, a country where the legal framework is in flux, since neither country has signed the Hague convention on adoption, and since the majority of children being adopted have at least one living biological parent, a great deal of caution has to be exercised. Although there are relatively few of these adoption cases, they take an inordinate amount of visa office time and resources to deal with.

Included in the family class are the dependants of persons who have made refugee claims in Canada. These cases are especially challenging, since applications are rarely complete and the dependants are difficult to reach.

With respect to refugees, Nairobi's area of responsibility is a major source of refugees. In 2010 the visa office managed a government-assisted refugee target of 1,465 and a privately sponsored refugee target of 700 persons. The conflicts that have generated this refugee situation have also resulted in a pool of applicants that may include war criminals and other security threats. For these reasons, applications must be thoroughly reviewed, and the vast majority have to be interviewed. However, interviewing is extremely onerous, given the difficulty in travelling to remote camps.

There is also considerable fraud within the privately sponsored refugee movement. Supporting documentation is often suspect or fraudulent, and the proportion of cases not resulting in visa issue has reached close to 50% for 2010. DNA is used frequently to establish family relationships. Nairobi has done considerable outreach with the sponsorship agreement holders to increase both the scrutiny of the applicants they put forward and the supporting documentation.

With respect to the economic class, compared to missions in Asia, Nairobi has a much smaller inventory of skilled workers. By far the largest part of this movement is for Quebec skilled workers, which had a target in 2010 of 935 visas compared to the total target of 230 for federal cases. The majority of Quebec cases come from Mauritius and are relatively straightforward.

Nairobi's provincial nominee program has seen some growth, especially from Alberta and Manitoba, but the inventory is small. It is around 80 cases.

Although Nairobi's investor program is also very small, processing times are lengthy given that documentation is dubious and verification of documents is difficult, if not impossible.

With respect to temporary residents, students, and temporary foreign workers, despite the global economic downturn, Nairobi's temporary resident volumes continue to climb. The number of applications received by our office in June 2010 broke all previous records. With corruption endemic in the region, document verification has repeatedly been shown to be unreliable, and civil documentation is extremely susceptible to improper issue.

As a result, few documents can be taken at face value. This office frequently has to take the time-consuming step of confirming details with Canadian hosts, businesses, or schools.

Many applicants, including senior government officials, from our region are inadmissible—for activities ranging from genocide to subversion—a factor that complicates both bilateral and multilateral relations.

Thank you for your attention. I would be happy to take any questions the committee may have.

9 a.m.

Conservative

The Chair Conservative David Tilson

Thank you, sir. You obviously have a very challenging job. I know that members of our committee will have some questions for you.

First, Mr. Oliphant.

9 a.m.

Liberal

Rob Oliphant Liberal Don Valley West, ON

Thank you very much for being with us today. Thank you for your ongoing work, which I recognize as being very complicated.

I have three areas I want to look at. They largely come out of my constituency work, where we deal with the area offices around the world.

Very frankly, maybe for the reasons you said, the Nairobi cases are the most difficult ones for my constituency staff. They find contact with your office to be very difficult. They find communications with officials from the office to be slow, regardless of whether or not there are delays in your office with respect to the actual clients who are seeking admission to Canada. We are also finding constant difficulties in simply getting information.

There is a question, first, of resources. I think you have a very good understanding, obviously, and gave a good presentation regarding the difficulties you have in the geopolitics of the area. You have 18 countries, and one of the largest surface areas, that you have to cover.

So my first question is on resources. Regardless of how difficult it is, it seems to me that we need to match the resources to the requests and the difficulty of dealing with that request. I wonder what your office would require to actually match the responses that we receive from other offices.

9:05 a.m.

Immigration Program Manager, Nairobi, Kenya, Department of Citizenship and Immigration

Michael Boekhoven

Correct me if I'm wrong, but I kind of get two questions there. One is with respect to the difficulty of contacting the mission, and the second is with respect to the level of resourcing for the program.

Allow me to address the first one first.

9:05 a.m.

Liberal

Rob Oliphant Liberal Don Valley West, ON

We think they're related.

9:05 a.m.

Immigration Program Manager, Nairobi, Kenya, Department of Citizenship and Immigration

Michael Boekhoven

I'll keep them separate for the moment. Specifically with respect to communicating with clients, with stakeholders such as yourselves, and other people who are interested in operations at this mission, I believe it was in 2008, just prior to my arrival, that we received incremental resources to staff a client service unit.

The client service unit has since been tasked with ensuring that our response times go down and the quality of our responses go up. I don't have specific details at this point, in terms of statistics, but I do know that our client service unit has a service standard of five days to respond to incoming e-mails, and that they have met that of late. They actually have exceeded it from time to time.

That is not to say that we cannot improve the level of service we provide people who ask questions of us. We are working on that, and we're developing tools that will be able to improve that yet again. I'm not trying to say that we're there yet, but we certainly have improved.

I sincerely hope that your constituency offices, your constituency staff, have noticed at least a marginal improvement in that.

9:05 a.m.

Liberal

Rob Oliphant Liberal Don Valley West, ON

I'll check on that, sir.

I just want to say that I don't generally see members of Parliament as “clients” of government departments. I think we're members of Parliament, and we are attempting to work for the 125,000 people who live in our riding and represent them to the Government of Canada. I don't see ourselves as clients, but I find that a kind of telling thing.

I would like to move on from that question. The Canadian Council for Refugees has published a report on Nairobi, entitled “Nairobi: Protection Delayed, Protection Denied”. Are you familiar with that report?

9:05 a.m.

Immigration Program Manager, Nairobi, Kenya, Department of Citizenship and Immigration

Michael Boekhoven

I have seen it, yes, sir, but it has been some time.

9:05 a.m.

Liberal

Rob Oliphant Liberal Don Valley West, ON

It does raise concerns about the office with respect to particularly Sudanese refugees, and of strong concern...and your concern about so-called private sponsorships. These are often church groups and very well-respected groups in our community attempting to do that.

An example is that in 2005, a Sudanese family being sponsored by a group in Canada submitted applications to your office. The family lives in the Fugnido refugee village in Ethiopia. They fled Sudan more than 10 years ago. The visa office sent a letter saying that the normal processing time was between 24 and 36 months. They were finally interviewed in December 2008, 40 months later. In the meantime, the family had grown in size, and that meant new applications had to be filled out. Since the paperwork is complex, the sponsor had to send someone to the refugee camp to help the family. The family was accepted in principle following the interview, but they were still waiting, at the time of this report a year ago, to hear about that.

It becomes a 15-year process. With the private sponsorship willing to accept them in Canada, it seems that there isn't a contextual ability to modify your procedures to actually deal with the realities of the situation.

9:10 a.m.

Immigration Program Manager, Nairobi, Kenya, Department of Citizenship and Immigration

Michael Boekhoven

The issues that you raise are complicated in and of themselves.

First of all, I would not want to suggest that service agreement holders, whether they be churches or other advocacy groups, are necessarily involved in fraud. We have no evidence of that; there's no suggestion of that. However, within the context of our client, within the context of our applicant, and within the context of the overall atmosphere here, fraud is endemic. Fraud is quite extensive and pervasive. It involves applicants destined for Canada. It involves applicants destined for other countries--the United States, the U.K., and so on.

On the length of time for individual cases, I don't know the details of the case to which you refer, nor can I discuss an individual case in this forum. However, we do have an inventory right now of refugees that is in excess of our targets, which is in excess of our needs. That exists for both the government-sponsored, the GARs, as well as the privately sponsored, the PSRs.

9:10 a.m.

Conservative

The Chair Conservative David Tilson

Thank you.

Monsieur St-Cyr.

9:10 a.m.

Immigration Program Manager, Nairobi, Kenya, Department of Citizenship and Immigration

Michael Boekhoven

Within the government-sponsored refugees--

9:10 a.m.

Conservative

The Chair Conservative David Tilson

I'm sorry, sir, we have to move on. Thank you.

Monsieur St-Cyr.

9:10 a.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Good morning. It's a pleasure to see you. We didn't ask you whether you were in your office or outdoors, but the weather seems to be very good where you are. That raises the spirits because it's very cold here this morning.

I'd like to go back to the question by Mr. Oliphant, who said that it was very difficult to contact our constituency offices. I'll check to see whether there has actually been an improvement in Nairobi recently. However, I can say, based on what I'm told, that it's harder with the Nairobi mission than with most other missions. When my assistant responsible for constituency cases comes to see me because she's having a communication problem with overseas representatives, most of the time it's a problem with Nairobi.

I can understand that your mission is having difficulty processing applications because you explained the additional complexities that arise in other regions of the world. However, can you explain to me why your mission has more difficulty with exchanges of information and updates with constituency office staff? Why is that harder for your mission than for others?

9:10 a.m.

Immigration Program Manager, Nairobi, Kenya, Department of Citizenship and Immigration

Michael Boekhoven

As I said in response to the previous question, my understanding is that we have improved the level of service to constituency offices and staff, to members of Parliament who contact us directly. I would be more than happy to take on board any specific examples that you or your constituency office have. Contact me and I can follow up and find out exactly where our systems are weak.

In terms of the reports I've seen from our client service unit, there has been improvement in the average time of questions. Again, as I say, that's not perfect. Things do slip between the cracks, and I would be very interested to hear about it. Please, do contact me personally, and I'll see what can be done.

9:15 a.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

I'll take note of that.

I'd like to have a somewhat better understanding of the wait time dynamic, both where you are and elsewhere in the world. Mr. Gilbert could perhaps answer as well.

Have you previously modelled wait time and tried to explain its various components? We can of course conduct investigations, check documents, travel, conduct interviews and review the documentation. The fact remains that, in the processing of many cases, the essential aspect of wait times is simply down time, when the file waits in a filing cabinet or in an office.

Unless I'm mistaken, you said there was a waiting time of 29 months. Do you know for what percentage of that time the file is just waiting? I understand that you handle other files in the meantime. However, for a given file, for how many days does nothing happen because people are working on other files? Have you previously quantified that, in Nairobi or elsewhere internationally?