Rick Dykstra

[Citizenship and Immigration, February 8th, 2012]

Madam Speaker, I find it fascinating that the member for Vancouver Kingsway spent almost no time speaking about the issue he put to the government this evening. Instead he wants to talk about an issue that has nothing to do with the running of government. He spoke about an issue where ministry officials have come forward and acknowledged that a mistake was made and apologized.

That event takes place across this country in dozens of different locations and actually delivers upon something that is critical and important to all of us, our Canadian citizenship. The member very well knows that government's actions with respect to immigration over the last six years, especially over the last couple of years, have addressed the issues, whether security, refugee reform, or ensuring that the family part of immigration when it comes to parents and grandparents is being dealt with.

Safety and security is a priority for the government. If only we had the support of the opposition on some of these issues, members would be amazed at how much quicker we could move forward.

[Citizenship and Immigration, February 8th, 2012]

Madam Speaker, I am certainly pleased to have the opportunity to speak to this issue in the House. I welcome the question by the member for Vancouver Kingsway and am very happy that for once we have a member from the NDP standing up in the House and demanding tighter security for those who want to come to this country. Members of the NDP are usually trying to stop the government's efforts to make the immigration system more secure. If this is a step in that direction, then having to stay after the House normally rises is certainly worth the wait.

I would also like to thank the Auditor General on behalf of our government for the great work he did. Our government agreed with every one of his recommendations. We are already working toward implementing every recommendation he made. We are concerned about health and security and health screening and that is why we have made many important investments in these areas.

Shamefully, the NDP member for Vancouver Kingsway and his NDP colleagues have voted against every measure we have taken to improve the security of our immigration system. Not only do we agree with the Auditor General's report, but our government is also moving much further with his recommendations, just to ensure that people who are a threat to the health and safety of Canadians do not gain entry to this country.

For example, one of the most important things Canada is doing when it comes to security screening is moving toward implementing biometrics. As a result, no longer will foreign criminals who pose a threat to Canadians and who use false documents or change their appearance be able enter or re-enter Canada. Collecting fingerprints is one of the most effective ways to prevent those who pose a security risk from entering our country. This will also put us in line with almost every other developed country in the world.

I wish I could say that we had the support of the opposition on this matter. The opposition members speak about security and about auditor generals' reports, but when it came to action, they voted against the investment in biometrics.

We have also introduced the most wanted foreign criminals list. Thanks to the help of countless honest and hard-working Canadians, the Canadian Border Services Agency has located 24 foreign criminals and has already removed 11 of them from our country. This list and program have been a success, and are another example of how our government is taking action to ensure that foreign criminals are no longer in Canada where they pose a risk to the safety of Canadians.

I would love to hear my colleague from the riding of Vancouver Kingsway stand up and tell the House and his party that he supports that initiative, just as he says today that he wants tighter security on these issues with respect to immigration.

The Prime Minister also recently announced the action plan on perimeter security and economic competitiveness with the United States. This agreement includes development of robust information sharing agreements that will further ensure that we will know when someone who is a security threat is trying to come to Canada.

There is much more to say, but the point is that the government is taking unprecedented action on screening and in ensuring that Canada's immigration system is secure. With the Auditor General's recommendations, we are going to move that much further and implement those recommendations as well.

[Questions on the Order Paper, January 30th, 2012]

Mr. Speaker, the department does not track temporary residence permit, TRP, applications this way; therefore CIC cannot answer the member’s question.

[Questions on the Order Paper, January 30th, 2012]

Mr. Speaker, with regard to the criteria governing the granting of single and multiple entry visas and with regard to (a), the Immigration and Refugee Protection Act gives visa officers outside Canada the authority to review temporary resident visa applications and make their decisions based on the criteria outlined in the act and the regulations.

Visa officers consider several factors before deciding if a person is admissible. The person must be a genuine visitor to Canada who will leave at the end of the visit. In addition, the visa officer must be satisfied that the applicant is not inadmissible to Canada according to the Act. The applicant may be considered inadmissible under grounds related to security, human or international rights violations, criminality, organized crime, health, or financial reasons. A visa will be issued if all regulatory requirements and eligibility criteria are satisfied.

With regard to (b),the criteria for multiple entry visas are the same as above.

With regard to (c), the Immigration and Refugee Protection Act gives visa officers outside Canada the authority to review temporary resident visa applications and make their decisions based on the criteria outlined in the act and the regulations. Applicants indicate on their application form if they wish a single-entry or multiple-entry visa and pay the requisite fee. In Canadian dollars, the processing fee for a single-entry visa is $75, while a multiple-entry is $150. An applicant who has requested a multiple-entry visa but who has only paid the processing fee for a single-entry visa would be issued a single-entry visa.

If the applicant has requested and paid the processing fee for a multiple-entry visa, a multiple-entry visa would normally be issued. The departmental procedure, as outlined in the operational manual, is that if officers have doubts about issuing a multiple entry visa, they should normally refuse the application rather than compromise and grant a single-entry visa. However, in some circumstances, an officer may decide to issue a single-entry visa based on the particulars of the case and must justify this in the case notes. An example of such circumstance would be when the purpose of the applicant’s travel is to attend a singular event and is being funded by a credible third party.

[Questions on the Order Paper, January 30th, 2012]

Mr. Speaker, the department tracks and has data on those who apply for temporary resident visas and their arrival into Canada. As Canada does not maintain exit controls or monitor temporary residents once in Canada, we are unable to provide statistics on overstays or returns.

[Questions on the Order Paper, January 30th, 2012]

Mr. Speaker, it is currently not possible to provide an accurate estimate of the number of foreign nationals in Canada without permanent or temporary working visas or student visas. A more accurate picture would only be possible with exit tracking. The integrated entry and exit system that will be introduced under the Canada-U.S. perimeter security and economic competitiveness action plan will contribute to this objective.

However, it is important to note that there are a number of ways a foreign national could be in Canada without a permanent or temporary visa or student visa. Examples include students in an educational program of less than three months; temporary foreign workers covered by international agreements, e.g., NAFTA); refugee claimants; and tourists from exempt visa countries.

[Questions on the Order Paper, January 30th, 2012]

Mr. Speaker, with regard to (a), from 2005 to 2011, the minister exercised his authority to issue a temporary resident permit, TRP, a total of 2,167 times.

With regard to (b), given the number of cases involved, it would be extremely difficult and time-consuming for the Department of Citizenship, Immigration and Multiculturalism, CIC, to provide the reasons for refusal for each case in which a TRP was issued. However, the most prevalent reasons for refusal are non-compliance with the Immigration and Refugee Protection Act, IRPA. Non-compliance means an applicant directly or indirectly failed to satisfy the requirements of the act or the regulations.

Some examples are as follows: an individual was not examined when he or she entered Canada; an individual did not obtain a temporary resident visa (TRV) because a visa officer was not satisfied he or she was a genuine temporary resident to Canada who would leave at the end of an authorized stay; an individual’s visa expired before he or she entered Canada; an individual did not have a passport or it expired before he or she entered Canada;an individual overstayed his or her period of authorized stay; or an individual worked or studied without authorization, a permit.

The number of TRPs issued by the minister and delegated officials of both CIC and Canada Border Service Agency, CBSA, is included in the annual reports to Parliament on immigration, which can be found at http://www.cic.gc.ca/english/pdf/pub/annual-report-2011.pdf.

[Questions on the Order Paper, January 30th, 2012]

Mr. Speaker, clients indicate on their application form if they are seeking a single-entry or multiple-entry visa. A client’s country of origin does not affect what type of visa he or she is eligible to apply for or receive.

[Questions on the Order Paper, January 30th, 2012]

Mr. Speaker, in response to (a), roles and responsibilities for the provincial nominee program, PNP, are defined through bilateral agreements between the Department of Citizenship, Immigration and Multiculturalism, CIC, and provincial and territorial, PT, governments. All of the provinces and territories except Quebec and Nunavut have signed nominee agreements with the federal government. The legislation and agreements confirm provincial/territorial authority to assess and nominate candidates who will be of economic benefit to the province or territory and who have a strong likelihood of becoming economically established in Canada, and are not nominated on the basis of a passive investment scheme entered into for the primary purpose of facilitating immigration to Canada.

Each jurisdiction is responsible for the design and management of its respective program, including the development of its own nomination criteria. Consultation with CIC is stipulated in each agreement. PTs are responsible for due diligence in respect of their nomination decisions and for document verification.

In response to (b), the legislation requires that the federal visa officer determines whether the applicant nominated by the province or territory meets the requirements of the provincial nominee class, that is, the ability to economically establish, the intent to reside, and not to be engaged in passive investment. An application will be refused if it is determined that the nomination of the applicant by a province or territory was based on a passive investment scheme entered into for the primary purpose of facilitating immigration to Canada.

In addition, it is clearly stipulated that final authority for the selection of applicants and the issuance of visas rests with the federal government. If the visa officer is not satisfied that the nomination certificate is a sufficient indicator that a foreign national can economically establish themselves in Canada, an officer may substitute his or her evaluation of the likelihood of the foreign national becoming economically established in Canada for the nominating certificate. Such a substitution requires that the officer consult with the government that issued the certificate and also requires the concurrence of a second officer at the manager level.

In response to (c), CIC must consult with PTs if a nominee is likely to be refused on the basis of their inability to demonstrate they can economically establish. However, if the individual is likely to be refused because they do not meet the admissibility requirements under IRPA, that is, in regard to security, criminality, and health, et cetera, a refusal will be made without notifying the province before the final decision. Canada will forward a copy of the refusal letter to the province.

A permanent resident visa holder in the provincial nominee, PN, class seeking permanent resident status at a port of entry, POE, must establish that they still intend to reside in the province/territory that has nominated them. Individuals who indicate that they never intended, or no longer intend, to reside in the nominating province/territory may be denied permanent resident status at the POE because they have been deemed inadmissible due to non-compliance with the criteria associated with being a member of the PN class, or for misrepresentation.

The refusal rate for the PNP is fairly low. Between October 1, 2010 and September 30, 2011 the approval rate for applications from provincial nominees was 97%. This is because provinces and territories do an initial assessment of PNs against their program criteria. The Government of Canada is committed to working with provinces and territories to make the provincial nominee program a success. We have ongoing discussions with provinces and territories on how to improve the program design, integrity, selection standards and management of the provincial nominee programs.

[Citizenship and Immigration, December 12th, 2011]

Mr. Speaker, I appreciate the question and the exuberance with which it has been placed.

The super visa program for parents and grandparents from around the world who want to visit their children and grandchildren here in Canada was just undertaken on December 1. We have just begun the program. This is going to allow parents and grandparents to come to this country, visit their children and grandchildren, and enjoy quality time here with them.