Evidence of meeting #46 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 iad.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Rénald Gilbert  Director General, International Region, Department of Citizenship and Immigration
Jim Versteegh  Immigration Program Manager, Hong Kong (China), Department of Citizenship and Immigration
Simon Coakeley  Executive Director, Immigration and Refugee Board of Canada
Hazelyn Ross  Assistant Deputy Chairperson (IAD), Immigration and Refugee Board of Canada
Joel Rubinoff  Legal Advisor, Immigration and Refugee Board of Canada
Kerri Froc  Staff Lawyer, Law Reform and Equality, Canadian Bar Association
Chantal Arsenault  Chair, National Citizenship and Immigration Law Section, Canadian Bar Association
Deanna Okun-Nachoff  Executive Member, National Citizenship and Immigration Law Section, Canadian Bar Association

9:05 a.m.

Immigration Program Manager, Hong Kong (China), Department of Citizenship and Immigration

Jim Versteegh

There are two reasons that we check on the provenance of funds for investors. One is to determine whether the applicant meets the definition of an investor, so we have to determine how they obtained their money and whether it was on the basis, again, of meeting the requirement of the definition of investor. That is done by Quebec; that's the eligibility decision.

The second reason we look at the source of funds is to determine whether or not they were obtained through criminal means. That is an admissibility factor, and, under our legislation, it remains the responsibility of the federal government to make that determination.

In reality, it is rare that detailed questioning would take place with a Quebec investor case, but we do, on occasion, do some background checking to ensure that there isn't fraud associated with how money was obtained. Since we deal with a very large number of federal investor cases as well, it's easier for us to identify patterns that may suggest fraudulent activity, so we certainly do a quick review to make sure there's no criminal activity associated, because Quebec has not been given responsibility to determine that admissibility factor. In reality, we invariably or almost always simply recognize the decision by Quebec to accept a case they have accepted as an investor.

9:05 a.m.

Conservative

The Chair Conservative David Tilson

Thank you, Mr. Versteegh.

Good morning, Ms. Chow.

March 3rd, 2011 / 9:05 a.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Good morning.

9:05 a.m.

Conservative

The Chair Conservative David Tilson

You have up to five minutes.

9:05 a.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Yes.

What is the quota for parents and grandparents for 2011, compared to 2010?

9:05 a.m.

Immigration Program Manager, Hong Kong (China), Department of Citizenship and Immigration

Jim Versteegh

In 2010 it was 1,375 visas and for 2011 it's 560.

9:05 a.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

What would be your average processing time for parents for 2011, in your projection? Is it about five years?

9:05 a.m.

Immigration Program Manager, Hong Kong (China), Department of Citizenship and Immigration

Jim Versteegh

No, the average processing time for parents in 2010 was about 22 months. I expect those we complete in 2011, since we're still dealing with the same caseload, would be in that same range, but since we have more cases in process than we can visa this year, next year the processing times may indeed be a bit longer if we don't have a larger target.

9:10 a.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

You can't project how much longer, then.

9:10 a.m.

Immigration Program Manager, Hong Kong (China), Department of Citizenship and Immigration

Jim Versteegh

That's very hard to say. It depends entirely on what our target is next year.

9:10 a.m.

Director General, International Region, Department of Citizenship and Immigration

Rénald Gilbert

Maybe one thing I could add is that the majority of the cases that are going to be finalized this year are people who applied in 2008, so it cannot be five years, because they applied three years ago. We look at the age when people apply. It gives us a bit of an idea, but it's very difficult to predict a long time in advance what it would be. It evolves very slowly from one year to the next.

That said, the target for China overall has increased, because we essentially increased the target in Beijing a lot, as was mentioned in earlier discussion.

9:10 a.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Thank you.

On the parents one, the suggestion from the Canadian Bar Association is that once they are ready to take the medical examination, you don't ask for a second one because it is through no fault of their own that they end up waiting a long time. Have you considered that possibility?

The question is for perhaps Mr. Gilbert.

9:10 a.m.

Director General, International Region, Department of Citizenship and Immigration

Rénald Gilbert

I am not sure what you are referring to as a second medical examination.

9:10 a.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

That is because the first one expires, and they have to get another one.

9:10 a.m.

Director General, International Region, Department of Citizenship and Immigration

Rénald Gilbert

Jim can correct me, but in the vast majority of cases the first one does not expire, because we give the medical instructions at the end of the process, which means normally they don't expire. It doesn't mean that there will be no further medicals for, let's say, TB, that this will not happen. Ultimately we are responsible for the safety of Canadians, so if somebody has done their medical a long time ago, especially in an area where there is a significant occurrence of TB, we have to be careful.

9:10 a.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

I think the suggestion was to do it close to the beginning, so that it gets done, but you haven't considered that--

9:10 a.m.

Director General, International Region, Department of Citizenship and Immigration

Rénald Gilbert

If we did it at the beginning, we would have to do it a second time at the cost of the client, and with no use for it really.

9:10 a.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

I will come to the issue of spouses. Your rejection rate two years ago was something like 52% or 56%. This year it has gone up. What percentage is it? You say you have serious fraud concerns with 60% of your movement. What is your final rejection rate? Is it probably 60% or 70% or so for Hong Kong?

9:10 a.m.

Immigration Program Manager, Hong Kong (China), Department of Citizenship and Immigration

Jim Versteegh

Actually, the refusal rate is going down. In 2010 it was 47%, and we expect it will slowly continue to go down.

9:10 a.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Okay. It was 52% or something like that.

9:10 a.m.

Immigration Program Manager, Hong Kong (China), Department of Citizenship and Immigration

Jim Versteegh

It has been higher in the last two years, but because we have been very vigilant, we are now receiving fewer applications in that category. It's not the legitimate cases who are no longer applying; it's the ones who now understand it is more difficult to fool us.

9:10 a.m.

Conservative

The Chair Conservative David Tilson

Thank you.

Thank you, Ms. Chow.

Mr. Shory and Dr. Wong, you have a total of five minutes.

9:10 a.m.

Conservative

Devinder Shory Conservative Calgary Northeast, AB

Good morning, Mr. Chair.

Thank you to the witnesses for staying awake a little late to help us.

I'll come straight to the question. It seems that Hong Kong has quite a number of investor category applications. In the opening comments I heard that there were almost 9,000 applications before the moratorium started, and the numbers dropped after December 1. Also, I heard that Hong Kong still expects that the growth could come back to the original number.

From December to today, March 3, do you see any numbers coming back to the normal trend before June 2010?

9:10 a.m.

Immigration Program Manager, Hong Kong (China), Department of Citizenship and Immigration

Jim Versteegh

Frankly, I'd be very surprised if they went back up to the numbers of the first half of 2010. As I mentioned, we're now averaging about 300 a month. There may be further increases, but I really don't believe that they will get out of hand the way that they were before the moratorium. Indications are that we will likely stay at about that level, but of course it depends to a certain degree on the degree of dissatisfaction in China. If there were to be some kind of disruption and people were more inclined to leave, or if there were greater activity on the part of consultants in China to advertise the program, it is conceivable that there would be a further increase, but we would be very surprised if it went back up to the pre-December 1 levels.

9:15 a.m.

Conservative

Devinder Shory Conservative Calgary Northeast, AB

Is it correct to assume that with the recent increase in requirements in this category, the processing time should be reduced in coming days if the intake stays at a manageable number of basically 300 or so per month?