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I call the meeting to order.
Good morning, ladies and gentlemen.
This is the Standing Committee on Citizenship and Immigration meeting 46. Today is Thursday, March 3, 2011. The orders of the day, pursuant to Standing Order 108(2) are for our study of immigration application process wait times.
We are continuing with this study and, of course, you'll see from the agenda that we're going to stop the meeting towards the end of the meeting, perhaps in the final five minutes or so. The subcommittee met, and we need to have the report of the subcommittee approved, so towards the end of the meeting we will go in camera to adopt that report.
We have three witnesses in total for the session today, and they have 40 minutes each. First of all, by video conference from Hong Kong, we have a number of witnesses from the Department of Citizenship and Immigration. Once again we have Mr. Gilbert, director general of the international region, who is here to help us.
Thank you, sir. You're a regular attendee at these meetings. Thank you for coming. I'm going to let you introduce your colleagues from Hong Kong. We appreciate their taking the time late at night there to appear and assist us.
Sir, you have the floor.
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I'll begin with a short overview of what this office does.
Hong Kong is a full-processing mission responsible for the delivery of the immigration program in Hong Kong and Macau, and we share responsibility with Beijing for the immigration program in China. Family class applicants from the four southern provinces of China are processed here in Hong Kong, in part because of Hong Kong's Cantonese language capacity. All other immigration applicants in China have the option of applying either in Beijing or here in Hong Kong. Since the opening of the visa application centres in China in July 2008, People's Republic of China residents rarely apply here for temporary resident visas. There remains, however, a large Hong Kong-based temporary worker and student movement out of the office in Hong Kong.
The immigration section in Hong Kong consists of 10 Canada-based officers and 62 locally engaged staff, including seven designated immigration officers. Two of the CBO positions are migration integrity officers filling CBSA positions here. Hong Kong works with the regional medical officer and the FCO based in Beijing and the RCMP liaison officer here in Hong Kong. The highest production office of the Service de l'immigration du Québec is also located here in Hong Kong in the same office tower, just below us. That office has regional responsibility for all of Asia.
The Hong Kong visa office issued just over 16,000 immigrant visas in 2010, and we expect to issue a similar number in 2011. Almost all visas issued by this office are to people resident in mainland China, with over 80% being in the economic categories. Output, however, continues to be lower than intake. As a result, the inventory of cases in Hong Kong has grown from about 22,000 early in 2008 to over 34,000 today. That represents about 95,000 people. The largest component of our inventory is federal investor applications, of which we have about 16,000 cases and over 50,000 people. The next largest part of our backlog is pre-Bill skilled worker files; we have over 10,000, or about 24,000 people, with the oldest cases dating back to 2006. We issued about 1,500 visas to Bill C-50 skilled workers in 2010.
Hong Kong has a large temporary worker population originating from many source countries in the region, such as the Philippines, Indonesia, Nepal, and China. The majority work in the domestic sector and in construction. Though Hong Kong relies heavily on foreign workers, it remains difficult to obtain permanent resident status here, including for people from the People's Republic of China. As a consequence, accepting a temporary work contract here in Hong Kong is seen by some, particularly domestic workers, as a stepping stone for a subsequent move to Canada. Hong Kong processed over 3,600 temporary work permit applications in 2010, mostly to LCP applicants, and our refusal rate was about 12%. The number of applications for temporary work permits received in 2010 was comparable to that of the previous year. Fifty per cent of temporary work permit cases were processed in about two months.
Counteracting fraudulent activity is a major preoccupation here in Hong Kong and is addressed by way of a multi-faceted anti-fraud and quality assurance strategy. An experienced case analysis unit that is skilled in document verification works closely with an anti-fraud unit that is part of our migration integrity unit. Site visits are also carried out on a regular but exceptional basis by the migration integrity officers stationed in Guangzhou and Shanghai.
A major focus of our anti-fraud activities has been spousal applications; in this area, marriages of convenience have been found to be endemic. The family class priority processing timeframes incorporate the assumption that 80% of such cases are non-problematic; in Hong Kong, the reverse is true. We have serious fraud concerns for 60% of our spousal movement and have some concerns for another 20%.
Although in most countries FC1 interviews can be waived, that is not the case in Hong Kong. About half of our spousal applicants are interviewed in order to give them an opportunity to address our concerns in person. Of those seen at interview in 2010, 70% were refused because of confirmed or highly suspected marriage fraud. The information and evidence collected suggest strongly that the movement is organized and very lucrative for the organizers. Our high refusal rate has resulted in a decrease in new applications received in that category in the past two years, as those intent on abusing our system are now less likely to apply. As a consequence, our refusal rate has started to go down; it down from 57% in 2009 to 47% in 2010. Constant vigilance, however, is required to curb abuse.
Priority processing has been maintained for genuine spousal cases. We have instituted measures such as tracking case processing at the front end stages, doing upfront background checks, increasing our interview schedule, and requesting the passport early on in the process to meet the new service standards, but we're not there yet. The extra time required to investigate many of our most problematic cases adds to our average processing times, but with the ratio of illegitimate cases decreasing, we are focusing on bringing down overall processing times in the next months.
The changes to the federal immigrant investor program that took effect on December 1, 2010, served to moderate the intake of new applications. At the time of the moratorium on investor applications in June 2010, we had already received about 9,000 such applications that year. Following the reopening of the program in December and the doubling of the personal net worth and investment requirements, the number of new applications received dropped to a more manageable 300 per month. Active recruiting for business immigrants by consultants continues to take place in the PRC, and we do not discount the possibility of renewed growth in our intake. The visa office in Hong Kong processed about half of Canada's 2010 global target of federal investor cases and will do so again in 2011.
New applications, however, still outnumber finalized ones. As a result, a backlog of new federal investor files is already being created, while there is little reduction in the inventory of old files. We are currently processing applications received in mid-2008 in that category. The majority of Quebec and provincial nominee cases processed in Hong Kong are also in the investor categories.
I'll stop there, Mr. Chairman. Thank you, and I'll be happy to answer any questions the committee may have.
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Thank you, Mr. Chairman.
Good morning, everyone.
My name is Simon Coakeley. I am the Executive Director of the Immigration and Refugee Board of Canada, or IRBC. I am the Board's Chief Operating Officer and I am responsible for the performance of the Board's adjudicative support, registry and corporate support services. I report directly to the Chairperson, Mr. Brian Goodman.
As has been mentioned, I am joined today by Ms. Hazelyn Ross, our acting Deputy Chairperson of the Immigration Appeal Division, or IAD, as it is known, and Mr. Joel Rubinoff, one of our legal advisors who focuses primarily on the IAD.
We are very pleased to be here to try to help the committee with its study of immigration application process wait times. I would however like to note that one of the focuses of the committee, business applications, is an area where IRBC has no jurisdiction.
As the committee is probably aware, the Board is currently composed of three divisions, the Refugee Protection Division, the Immigration Appeal Division and the Immigration Division. In the last fiscal year, our divisions finalized more than 55,000 cases, 7,200 of which were at the IAD.
The IAD hears appeals from decisions that have been made by Citizenship and Immigration Canada at a visa post in the case of refused sponsorships; by officers of CIC or the Canada Border Services Agency in the case of residency obligation determinations; and by the Immigration Division in the case of removal orders. Rarely, the IAD hears appeals brought by the minister against a decision made by the Immigration Division.
Hearings at the IAD are adversarial and appellants are often represented by a counsel. The minister, represented by the Canada Border Services Agency, is always a party. In sponsorship appeals, CBSA represents the minister of CIC, and in removal appeals, CBSA represents the minister of Public Safety.
When a sponsorship application is refused by CIC, the sponsor may appeal to the IAD. The family member and the sponsor will have to prove that they meet the legal requirements in order to immigrate, and in the case of marriage appeals, the spouses will have to establish that their marriage is a genuine one that was not entered into primarily for immigration purposes.
The IAD cannot issue a permanent resident visa; only CIC can issue visas. So, if the sponsorship appeal is successful, the application must go back to the visa post for further processing. Therefore, the delays in the processing of permanent resident visa applications are independent of the will of the IAD.
In the case of removal order appeals, the IAD is responsible for hearing the appeal of a foreign national, protected person or permanent resident who is facing removal because of a contravention of the Immigration and Refugee Protection Act or for criminality. The original removal order is made by an officer of CIC or of the Canada Border Services Agency or by the Immigration Division.
The IAD determines if the decision to remove the appellant is legally correct and also considers if there are humanitarian and compassionate reasons why the appellant should not be removed. In deciding whether to allow an appeal based on humanitarian and compassionate grounds, the IAD always bears in mind its obligation to protect public safety, as well as its obligations to apply existing law on humanitarian factors, including the obligation to consider the best interests of a child.
In the event that the IAD confirms the removal, the timing and execution of removal orders is the Canada Border Services Agency's responsibility, and not that of the IAD.
[English]
As the committee is aware, permanent residents are required to be physically present in Canada for a minimum period of time, which is generally 730 days over a five-year period. If an officer of CIC or CBSA determines that a permanent resident has not lived up to this obligation, the permanent resident may appeal that determination to the lAD. These appellants are almost always abroad at the time their appeal is heard. For their appeal to be successful, they need to establish that they have complied with the residency requirement or that there are humanitarian or compassionate grounds to maintain the permanent residency status.
Since the Immigration and Refugee Protection Act came into effect in 2002, there has been a 60% increase in appeals filed at the lAD, and sponsorship appeals account for approximately 70% of the caseload. For a number of years the lAD did not have a full complement of members; consequently, a backlog of cases developed.
The lAD sets very clear productivity targets for its members, which are routinely met and often exceeded, and we now have close to a full complement of 37 members; however, even with our members meeting or exceeding their target of finalizing 150 cases per year, we are not going to be able to eliminate the backlog within our current funding model.
To handle its caseload in the most efficient way possible, the IAD has developed different resolution streams for dealing with appeals, based on their complexity and the probability of quick resolution. In addition to oral hearings, these streams include early informal resolution--which includes alternative dispute resolution, or ADR--and written proceedings. Early informal resolution is a process that encourages parties to make early disclosures of relevant materials. This process assists in narrowing the issues and in focusing the appeal, and it contributes to a quicker hearing.
ADR is used in selected marriage appeals. It is a form of early informal resolution through which the IAD brings the parties together and encourages them to look realistically at the strengths and weaknesses of their positions so that appellants can withdraw weak appeals and the minister can consent to appeals when the facts are strongly in the appellants' favour.
While the parties are brought together by the IAD, it is important to note that an appeal can only be allowed at ADR if the minister agrees.
The opportunity given to appellants to realistically assess their appeals and to withdraw weak ones is beneficial to the parties and to the division, as it allows appellants to save time and money if the outcome is almost certain failure. It also allows both CBSA and the IAD to direct limited resources elsewhere.
Another advantage of ADR to both the IAD and the parties is the fact that the average processing time for sponsorship appeal resolved through a normal hearing is 13 months, while the average processing time for an appeal resolved in ADR is six months.
To avoid unnecessary oral hearings, appeals concerning a single issue can often be resolved in chambers via written arguments and submissions. In these cases the IAD member renders a decision in the matter based on the written record. The IAD regularly engages with the counsel community and with CBSA to seek out and promote more efficient ways of processing appeals. The IAD is committed to maintaining high levels of productivity while running fair and efficient proceedings in which we carry out the objectives of IRPA, which include seeing that families are reunited and that the health, safety, and security of Canadians are protected.
We provided additional statistics and information to the committee ahead of time on the work of the IAD.
Mr. Chair, thank you again for inviting us to meet with you today. My colleagues and I would be very pleased to answer your questions.
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will have a huge impact on refugee times at the RPD. In fact, we were discussing it yesterday at our chairs' management board.
As I indicated earlier, the current average wait time for a hearing is about 22.5 months. As you know, under Bill C-11 we will have to conduct an initial interview within 15 days of the claim being referred to us. Depending on whether the person is from a designated country of origin or not, the hearing would commence either 60 or 90 days after the interview. We expect that approximately 80% of decisions will be rendered from the bench at the hearing, and that is going to be our working target.
Once the claimant has the written copy of the decision in hand, from the regulations that CIC will be proposing, we understand they'll have 15 days to file and perfect their appeal. It again depends on where the person comes from; if the person is from a designated country of origin, the new refugee appeal division would have to render its decision within 30 days. If it's a case that doesn't come from a designated country of origin, the decision could be in up to 120 days.
As you can see, if you add up all of the numbers, it still comes to a significantly lower number than the current 22.5 months.
For the committee's information, when Brian Goodman, our chair, appeared before you on Bill C-11 back in the spring, there was a discussion about our staffing processes. I'd like to confirm for the committee--
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Mr. Chair, we're going to split the time between us, but we'll take the seven minutes.
The Canadian Bar Association is pleased to appear before this committee today on its study regarding immigration application process wait times, particularly for the investor class and family class applicants.
The Canadian Bar Association is a national voluntary association with about 37,000 members across the country. The citizenship and immigration law section is made up of about 900 lawyers with expertise in all areas of citizenship, immigration, and refugee law. The primary objectives of the organization are improvements in the law and the administration of justice. In that light, our representatives are here today with some practical suggestions on how to mitigate the impact of delays on applicants and on how to streamline the system.
For the purposes of our appearance today, we've circulated to you our written submission. The chair of our citizenship and immigration law section, Chantal Arsenault, and our executive member, Deanna Okun-Nachoff, will take you through the substance of our submission and answer any questions you may have about it.
With that, I'll call upon Ms. Arsenault to start off with our substantive comments.
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Good morning. I am pleased to be here this morning to share with you our views on immigration application process wait times, and to offer you a few suggestions of ways to reduce these wait times for applications under the family class or the investor class.
[English]
We understand that finding a balance between all priorities in immigration is difficult. We also understand that if everything is a priority, then nothing is a priority. Allocating resources, processing applications in an efficient way, assessing the risks involved, and respecting goals and targets—these are formidable challenges. We hope, however, that our suggestions can be put to use to alleviate the impact of long wait times, and we are happy to continue the discussion on those subjects.
Allow me first to touch on investors. As we indicated in our submissions, we strongly believe that if the government has determined that the investor class and the entrepreneur class are beneficial to Canada and should remain an option, immediate steps should be taken to ensure that CIC can process applications in a reasonable timeframe so that they make business sense for those willing to embark on the process. Long processing delays seriously undermine the viability of these programs. If who we want are the best and the brightest, we cannot make them wait around for years. They have other options; they will decide to invest in other countries, and this will be our loss.
We realize that investor files are complex. Applications typically contain a large number of documents, and the requirements to evaluate and assess the proof of funds and the value of business can be time-consuming. We suggest that applicants should be given the option of providing an expert report from an authorized third party, thus reducing the amount of work required by the officer. This model of delegating a portion of the examination to industry experts has been adopted by CIC in other areas, such as language testing.
[Translation]
We would also suggest that the assessment of the source of funds carried out by the ministère de l'Immigration et des Communautés culturelles, in those cases originating from Quebec, be taken into consideration and granted the evidentiary weight it deserves. Our analysis tells us that these cases should not take up officers' time unnecessarily.
[English]
It is the prerogative of the government to decide whether it supports one program or another. If the decision is to offer the program, in order for the program to be a viable option it must be implemented in such a way as to be transparent and efficient, with realistic targets and timelines. This is true for the investor program as much as it is for other categories such as family class, including applications for parents and grandparents.
I will now give the floor to my colleague Dianna Okun-Nachoff, who will discuss the issues regarding family class applications.
:
Thank you for the opportunity to address you today.
I'll jump right in, beginning with our recommendations for the high-priority so-called FC1 applications for the spouses and dependent family members.
It is our understanding that the benchmark for processing of these priority family class applications is six months and that many visa offices are meeting or even beating this target, while others are falling far short. Given the obvious hardship of prolonged separation from beloved spouses and children, sponsors must be reunited with their family members as quickly as possible. The existing disparities in processing times across the different missions must be addressed.
Disproportionate delays are also faced by the FC1 applicants who are refused at the first instance but then succeed on appeal to the immigration appeal division. It's our understanding that the department has initiated a pilot project whereby these redetermination requests, following a successful IAD appeal, will be sent to national headquarters for processing and not back to the visa office. We do commend the department for this initiative and we recommend that this pilot project be expanded to all visa offices as soon as possible.
We also recommend that new forms, including updated work histories, medicals, and police clearances where required, be requested up front, at the conclusion of a successful IAD appeal, to facilitate these redetermination decisions.
I'll move on to the more contentious FC4 category, and that's the parents and grandparents. Simply put, processing delays in the FC4 category are so long that they fundamentally undermine the viability and the utility of this program as a whole. Surely you've heard it said many times before that too many applicants are deceased, medically inadmissible, or simply no longer interested in coming to Canada by the end of the six-plus years of delay.
The reality is this: unless there is the will to increase the targets, we must ensure there are viable ways for families to reunite in the interim, during this lengthy period for processing of the permanent residence applications.
Immigration has encouraged visa offices to be more flexible in issuing long-term TRVs to FC4 applicants who are in the queue for landing, but our members continue to report that TRVs are still being routinely denied for parents who lack sufficient ties to the country of origin.
Our submission is that objective criteria should be employed, and visas issued, where FC4 applicants can establish, one, that they have been sponsored by an eligible family member; two, that their sponsor meets the minimum income requirements; three, that the applicant is not medically inadmissible; and four, that arrangements have been made for private health coverage.
Once a TRV has been issued on these criteria, we also recommend that the department not revisit the decision about medical admissibility when the PR application is finally determined.
These are some of our recommendations. Others are in our written submission.
At the end of the day, if targets remain fixed, the net result of processing deficiencies will be moot. They will remain a problem as long as the volume of applications received is larger than the targets that visa offices are permitted to issue.
Thank you all for coming.
I want to touch on something Ms. Chow was talking about: having parents or grandparents for whom the application is in process. The process takes a number of years, and so they would be able to come to visit their children or grandchildren here in Canada.
I agree with you in principle. It would be nice for them to come and visit with their children.
In my office, we've dealt with a couple of situations in which these people sometimes are older and their health situation can change in weeks or months. If they're on a three-month or six-month visa, their health situation can deteriorate.
You mentioned getting health insurance, and we've looked into situations involving health insurance. Sometimes with health insurance, it's the lawyer's job, or somebody's job, to make sure that what somebody thought was covered is in fact fully covered. It may not be completely comprehensive, or health insurance can actually be cancelled, many times, if you're here and you're not expecting any health problems.
We have dealt with a few cases of families in which the mother has had some health concerns and has gone to a hospital; they now owe $30,000 or $40,000 to the hospital, or to the Alberta or Ontario health system, and they don't want to pay, because it's difficult for them to pay this much money.
Do you have a suggestion for something like that? If we're going to give visas for parents to come, which I agree would be nice, there is this problem, this concern, about quickly changing health situations.