Evidence of meeting #23 for Citizenship and Immigration in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was claim.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Brassard  Chairperson, Immigration and Refugee Board
Eatrides  Deputy Chairperson, Refugee Protection Division, Immigration and Refugee Board
Bush  Director General, Immigration and Asylum Policy, Canada Border Services Agency
Dukeshire  Senior Counsel, Refugee Protection Division, Immigration and Refugee Board
Hollmann  Director General, Asylum Policy, Department of Citizenship and Immigration

11:30 a.m.

Conservative

Costas Menegakis Conservative Aurora—Oak Ridges—Richmond Hill, ON

The CBSA found Afshin Pirnoon. This 50-year-old was not allowed in Canada, because he was deemed a political asset, yet the IRB said he did not exert significant influence and allowed him to stay. What is IRB's threshold for significant influence, if a 22-year official in the Iranian regime does not meet it?

The Chair Liberal Julie Dzerowicz

You have 30 seconds.

11:30 a.m.

Chairperson, Immigration and Refugee Board

Manon Brassard

It depends on the degree of involvement the official has in the decision-making of their government. This is very much framed by the Federal Court. That's what we apply.

11:30 a.m.

Conservative

Costas Menegakis Conservative Aurora—Oak Ridges—Richmond Hill, ON

Should regime backers promoting and executing IRGC business be allowed to stay in Canada, in your opinion?

11:30 a.m.

Chairperson, Immigration and Refugee Board

Manon Brassard

We apply the legislation as it is, sir.

The Chair Liberal Julie Dzerowicz

Thank you, Mr. Menegakis.

Thank you, Madame Brassard.

Next, we have Mr. Fragiskatos for five minutes.

Peter Fragiskatos Liberal London Centre, ON

Thank you, Chair.

Thank you to the witnesses for being here today.

I want to go back to file review, Madame Brassard.

On an annual basis, what percentage of cases that come before the IRB go to file review?

11:30 a.m.

Chairperson, Immigration and Refugee Board

Manon Brassard

I'd say we finalize between 10% and 12% in this way.

Peter Fragiskatos Liberal London Centre, ON

This mechanism has been in place since 1993, if I understood your introductory comments.

11:30 a.m.

Chairperson, Immigration and Refugee Board

Manon Brassard

In one form or another....

Peter Fragiskatos Liberal London Centre, ON

I think screening is crucial to all of this. Screening happens. Every case that goes before file review has already been pre-screened by the CBSA and IRCC. Is that correct?

11:30 a.m.

Chairperson, Immigration and Refugee Board

Manon Brassard

I don't think they would characterize their work as screening. They look for specific things, and the work has been done. It touches on safety and security.

Peter Fragiskatos Liberal London Centre, ON

Well, talk more about the process and what happens before file review, ultimately.

11:30 a.m.

Chairperson, Immigration and Refugee Board

Manon Brassard

Maybe I can turn to Brett to talk about their process. They're here. We have the benefit of their presence. We might as well have it from them.

Peter Fragiskatos Liberal London Centre, ON

Just before you do, Mr. Bush, I think this is important because it helps to establish a context. Failing that context, one would be left with the impression—perhaps strong impression—that any and every individual is simply rubber-stamped.

11:30 a.m.

Chairperson, Immigration and Refugee Board

Manon Brassard

Absolutely not.

I think it is important. It's a building block. We call it the in-Canada asylum system. It starts with CBSA and IRCC, and then it comes to us. If somebody is successful, then it goes to permanent residence, and they don't redo all the work done before. They don't redo the refugee determination division, in the same way that we don't redo their safe security assessment. Then, eventually it goes to citizenship or, in opposition, to removal.

Peter Fragiskatos Liberal London Centre, ON

Mr. Bush, speak to the veracity of the process.

11:30 a.m.

Director General, Immigration and Asylum Policy, Canada Border Services Agency

Brett Bush

As the chairperson has mentioned, the process doesn't start at the board. It actually starts overseas when people are applying for visas and electronic travel authorities to come to Canada. This is done by my colleagues, so I won't speak about those processes, although we also do security screening in those cases as well.

Once they arrive, we're validating people's identity, usually through biometric validation, because all the people who receive visas have their biometrics collected before they're issued a visa. Going back to one of the previous questions from your colleagues, at the port of entry, we assess their admissibility. We do interviews, collect data, search databases and do biometric confirmation searches to make sure we know as much as we can, right at the port of entry, about the person.

If they are inadmissible for a reason other than making a refugee claim, then we will do the full collection of their process. Otherwise, they go through a process, which I know you've already had conversations on, called one-touch, at CBSA. They are then funnelled into the processes for collecting their information for their claim. We initiate the security screening. We also introduce processes for evaluating, which are separate from security screening, to determine if we're going to intervene on the case. Once we've determined that, and the security screening is completed, it's then referred to the board.

At this point, I will reference Bill C-12, because I was about to say something erroneous. The intervention piece does not delay processing at the board; the security screening does. However, Bill C-12 will mean that all of those processes are completed before the board can make a decision—once the bill is in place, should it get passed by Parliament.

Once it passes over to the board, the security screening takes into account a variety of things, including partners at Public Safety and CSIS.

The Chair Liberal Julie Dzerowicz

You have 30 seconds.

Peter Fragiskatos Liberal London Centre, ON

Thank you, sir. That's very clear.

This is probably more appropriate for Madame Brassard: The IRB retains the ability to raise a concern, should it notice that something may have been missed—and we're very fortunate to have excellent officials at the CBSA, IRCC, CSIS and beyond.

11:35 a.m.

Chairperson, Immigration and Refugee Board

Manon Brassard

It's not just an ability, and yes, we absolutely do.

Peter Fragiskatos Liberal London Centre, ON

The checks and balances are in place.

11:35 a.m.

Chairperson, Immigration and Refugee Board

Manon Brassard

The checks and balances are there. When we see something that could trigger ineligibility, for instance, or when the presence of the minister would be helpful in the determination of the case, we let them know—just as much as we let them know even before we go to the paper process. They know we're going there, and we give them time to look at it again and—

The Chair Liberal Julie Dzerowicz

Thank you, Madame Brassard. It's way past time.

Thank you, Mr. Fragiskatos.

Mr. Deschênes, you have the floor for two and a half minutes.

Alexis Deschênes Bloc Gaspésie—Les Îles-de-la-Madeleine—Listuguj, QC

Thank you very much, Madam Chair.

Ms. Brassard, what benefit does having an in‑person hearing bring to the process?