Citizenship and Immigration Committee on Oct. 3rd, 2017

[Shereen Benzvy Miller]

In very brief order, there were 32,000 legacy cases in 2013, when the cases were backlogged originally. The IRB was able to deal with a number of them, but there is the legacy task force in place now to deal with the last 5,500 cases. Six hundred have been put on the docket to date.

[Marwan Tabbara, Liberal, Kitchener South—Hespeler, ON]

Okay.

I'll pass it over to Ms. Khalid.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Thank you.

Thank you, Mr. Chair. I am a guest to this committee today, so please excuse my ignorance as I ask this question.

When there are irregular border crossings, now there are two ministries or government departments that are involved; that is, the IRCC and the CBSA. Who takes the lead in establishing the process for finding out whether we're going to accept the asylum seekers or to send them back to where they're coming from? Is it the CBSA that takes the lead, or is it the IRCC that establishes the process and then the security checks are done by CBSA?

[Michael MacDonald]

That's actually a very good question because the asylum system is complex. I'll be very brief, and then I'll hand the floor over to my colleague Ms. Miller.

Overall, the asylum system is governed through legislation, IRPA, as well as various regulations. From those authorities we devise operating procedures for how we effect the law. When individuals go through a regular port of entry—air, land, or marine—and claim asylum, they're processed under the carriage of the CBSA. They'll first do an “admissibility to Canada” check and then they'll do an “are you eligible to move forward to apply to the IRB” check That's all it is.

When someone crosses in-between a port of entry, the local law enforcement—typically the RCMP, but you never know—would take that person back to a port of entry, where the CBSA will process him or her. Some individuals come into the country, legally or not, and then later on decide to claim asylum. They typically walk into an IRCC office. In fact, about 50% to 60% of the claims are inland, as we call it. They come into our office. We now have carriage of that individual. We'll go through the same steps—admissibility, eligibility—and then we will refer the person to the IRB.

[Shereen Benzvy Miller]

The IRB is actually the tribunal that makes the determination of whether or not somebody can be considered a refugee, whether they meet the criteria for the international convention, or whether or not they are a person in need of protection. That decision is the decision around status. The referral is made to the IRB, but it's actually the IRB that makes the decision ultimately.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Thank you.

Let's say somebody comes into the country at a non-established port of entry and goes through the CBSA and then the IRB to make that application for asylum. Does the IRCC then at that point refer back to the CBSA to do the security checks, etc.? How long does that process take?

[Michael MacDonald]

That's a very good question. IRCC does not undertake the actual physical security checks. CBSA is our enforcement arm as well as our security-screening arm. When we capture information on an individual or take in information on an individual, we send that to the CBSA, which then takes that information, does security screening, works with the various security partners, as appropriate, and then feeds that information, or the results of that information, back to us in order for us to make a decision, on their advice, on the security or whatever they found out on that individual.

It's part of our regular processing, among other decisions we make.

[The Chair, Liberal, Rob Oliphant]

Thank you. They've just started, I know.

Mr. Maguire, you have five minutes. You will be our last questioner.

[Larry Maguire, Conservative, Brandon—Souris, MB]

Thank you, Mr. Chair.

Last week it was determined that 53% of the failed refugee claimants are still in the country. Can you tell me how many of them have slipped through the cracks? The government has lost track of where they are.

[Michael MacDonald]

Only the Canada Border Services Agency would be able to answer that question, because those failed claimants fall into what's called their “removal inventory” and they manage the removal inventory.

[Larry Maguire, Conservative, Brandon—Souris, MB]

You wouldn't have any idea through the immigration department or the board.

We've determined they go through a two-stage process to get the hearing in Quebec at least for those basic claim forms. With that in mind, how long is it because they're only having to answer half the questions? You're saying that they still have to fill out the whole form before they get their final interview. Is that correct?

[Shereen Benzvy Miller]

They will get a hearing date on that basis, but the claim form does have to be submitted before that, yes.

[Larry Maguire, Conservative, Brandon—Souris, MB]

What is the lag time between crossing the border and doing the initial one?

[Shereen Benzvy Miller]

For the Lacolle cohort...?

We don't know what the lag time will be for all of them. Currently we have already put 300 cases on the schedule for the members. Let me double-check my numbers on that. We have 8,000 cases referred since July 1, and 240 cases have already been finalized since September 5. We have 373 cases scheduled as of October 2. Those are the statistics for our current response team. The response team will be up and running until November 30 at which time, all the remaining claims will go into our regular stream for scheduling.

[Larry Maguire, Conservative, Brandon—Souris, MB]

About 7,300 or 7,400 will still go into the regular scheduling out of that 8,000.

[Shereen Benzvy Miller]

About 1,500 with the response team, then the remaining will go into the regular stream, yes.

[Larry Maguire, Conservative, Brandon—Souris, MB]

What kind of lag time would we see in that?

[Shereen Benzvy Miller]

We have a 16-month wait time for our regular stream. But are you asking me about when the basis of claim form will be expected?

That practice notice is just a temporary practice notice. We're going to wait to see probably until the end of November before we reconsider whether or not we suspend that practice notice in which case it would go back to 15 days.

[Larry Maguire, Conservative, Brandon—Souris, MB]

How do you keep track of those people in the meantime? Where are they?

[Shereen Benzvy Miller]

If you go to our website, it says that you need to submit all the information around tombstone data, like address, and you have to keep us apprised of your changes of address and contact information. If you have counsel or if you have a consultant who is working with you, we need their contact information as well.

We are in contact with them about the scheduling and their claim processing.

[Larry Maguire, Conservative, Brandon—Souris, MB]

Are either of you aware of any process that CBSA or others would use to make sure they know where all the illegal immigrants that come across are in Canada at all times?

[Shereen Benzvy Miller]

Do you mean by that, people who have crossed the border irregularly?

[Larry Maguire, Conservative, Brandon—Souris, MB]

Yes.

[Shereen Benzvy Miller]

You have to ask CBSA but we all keep track of the claimants relative to the information they've given us. They are responsible for keeping all of us up to date on their changes of address and where they are in the country, which is how my colleague was able to describe where the secondary migration to other cities has happened.

[Larry Maguire, Conservative, Brandon—Souris, MB]

When you say “they”, is that information that immigration or CBSA has given you, or is it the individuals themselves?