CIMM – Summary of Government Responses / (IRCC-Led and Relevant GAC/PS-Led)– February 8, 2023

• Recommendation # 1 (GAC lead) – GoC lessons learned
• Recommendation # 2 (GAC lead) – Interdepartmental coordination for international crisis
• Recommendation #3 – IRCC to create emergency mechanisms
• Recommendation #35 – Internal review of Canada’s response to refugee crises

• Recommendation #9,10,11 (GAC/PS lead) – Criminal Code limitations
• Recommendation #15 – Single Journey Travel Documents
• Recommendation #16 (GAC lead) – Engage with neighbouring countries on safe passage
• Recommendation #18 (GAC lead) – Assemble whole-of-government team to help bring Afghans to safety
• Recommendation #19 – Work with NGOs (i.e. Aman Lara) to confirm identity
• Recommendation #20 (GAC lead) – Fund orgs like Aman Lara, and expand use funds to include temp accommodations for Afghans

• Recommendation #17 – Waive biometrics and other documentation requirements
• Recommendation #24 – Expand vulnerable groups
• Recommendation #26 – Waive RSD requirement for Afghans
• Recommendation #27 – Waive refugee requirement to be outside country of origin
• Recommendation #29 – Expand extended family program to other Afghans
• Recommendation #31 – Remove caps on SAHs
• Recommendation #32 – Extend income support for EFPP to be year-long
• Recommendation #34 – Provide EFPP with accommodation in third countries

• Recommendation #21 – Acknowledging receipt of applications
• Recommendation #22 – Dedicated staff to process applications
• Recommendation #23 – Processing of SIM applications
• Recommendation #28 – EFPP processing
• Recommendation #30 – Reduce required paperwork/documentation

GR: Most departments and agencies engaged in the response to the crisis in Afghanistan have undertaken various internal reviews and lessons learned exercises over the course of the past year. Those reviews are being carefully considered, and changes to policies, programs, and operations have or will be undertaken, where relevant. The sensitive nature of some GoC operations prohibits these reviews from being shared publicly at this time, and therefore, they have not been included in this Response the Special Committee’s Report.

Update since GR: Nothing substantive to share publicly.

Recommendation 2: When signs point to an emerging crisis in another country that implicates Canada’s interests, the GoC quickly establish a structure of interdepartmental coordination, communication, and planning, as well as streamlined leadership and decision-making authority across departments, with one person responsible, to ensure a coherent and timely response

GR: GAC is mandated to lead the Government of Canada’s coordinated response to international emergencies abroad. The Government of Canada recognizes the importance of interdepartmental coordination in response to international crises. The Interdepartmental Task Force (ITF) is the primary coordination mechanism that brings together GAC bureaus and missions abroad, together with other implicated government departments, agencies, and external partners, which may vary depending on the type of crisis response or planning required. The ITF enables timely, coherent and effective whole-of-government information sharing and a coordinated approach to emergencies abroad. There would be policy and legal challenges in implementing a system with one person or department responsible for all elements of a crisis, given the legislative, policy, and operational mandates of each department involved. With respect to the crisis in Afghanistan, drawing from the ITF, DND/CAF established an effective and efficient working relationship with GAC and IRCC which allowed for the safe evacuation of nearly 3,700 evacuees from Kabul.

Update since GR: Nothing substantive to share publicly.

GR: IRCC is undertaking a policy review that aims, in part, to enhance its emergency mechanisms. One of the goals of this review is to renew IRCC’s organizational framework for crisis management to better enable more nimble and sustainable immigration responses to humanitarian crises.

Update since GR: IRCC’s Strategic Immigration Review aims, in part, to enhance its crisis response mechanisms and renew its organizational framework for crisis management to better enable more nimble and sustainable immigration responses to humanitarian crises as part of the broader Government of Canada response. The Strategic Immigration Review will also explore how IRCC may be more responsive to the diverse settlement needs of immigrant newcomers against a backdrop of housing shortages and settlement organization capacity issues.

GR: The federal government has a number of existing mechanisms to reallocate resources when an emergency or critical incident affecting Canadians or Canadian interests abroad occurs. For instance, GAC is prepared to surge resources during emergencies and times of crisis through four principal initiatives that were all used during the Afghanistan crisis: the Standing Rapid Deployment Team, Temporary Duty (TD) Officers, the Emergency Watch and Response Centre (EWRC), and the Skeleton Emergency Response Team (SkERT).

In the spirit of continuous improvement in emergency management, GAC is reviewing opportunities for additional resourcing capacities across the department.

Update since GR: Defer to GAC colleagues.

GR: As of August 2022, Canada has allocated CAD$143 million in humanitarian assistance to the crisis in Afghanistan and neighbouring countries. According to the UN Financial Tracking Service, as of mid-2022, Canada is the sixth largest humanitarian donor to the 2022 Afghanistan HRP.

Update since GR: Defer to GAC colleagues.

GR: Canada continues to respond through experienced humanitarian partners, such as UN agencies and the International Committee of the Red Cross, both inside Afghanistan and in neighbouring countries, to address the needs of the most vulnerable populations. Humanitarian partners are seized with the need to provide assistance to people on the basis of assessed vulnerability, while ensuring that aid funding does not reach those who would use that funding to directly or indirectly support terrorism.

Update since GR: Defer to GAC colleagues.

GR: Canada is actively engaged with its partners to ensure humanitarian funding is not being misused or diverted. Partners employ mitigation measures to ensure the assistance reaches those who are most vulnerable and they continually monitor and investigate allegations of unequal distribution of assistance and access restrictions interfering in humanitarian operations. Female humanitarian staff being able to work is essential to ensuring assistance reaches women and girls.

Update since GR: Defer to GAC colleagues.

GR: The Government of Canada will continue to engage with the World Bank and Asian Development Bank, UN organizations and other donors, providing guidance and input to the development of policies and projects in Afghanistan, and ensuring a focus on helping the Afghan people.

Update since GR: Defer to GAC colleagues.

GR: The UNSC passed UNSCR 2615 on December 22, 2021, in order to create an exception to the sanctions regime on UN-listed persons and entities associated with the Taliban for humanitarian assistance to Afghanistan. In light of this commitment and for greater certainty, GAC will review the language of the UNAQTR in order to determine what amendments would establish a clear exception for humanitarian assistance and other activities that support human needs, as set out in UNSCR 2615, to mitigate the potential unintended humanitarian consequences of these sanctions imposed by the UNSC.

However, the Government of Canada’s power to issue a certificate to address the consequences of UN Sanctions and changes to the UNAQTR to explicitly include the humanitarian exception in UNSCR 2615 only apply to the UNAQTR. Another regime to address terrorist financing is found in the Criminal Code, which is separate and distinct from the UNAQTR. As a result, the risk of terrorism funding resulting in criminal liability under paragraph 83.03(b) of the Criminal Code remains. Issuing a certificate under the UNAQTR applies only to that regime, and does not alter the application of the Canadian Criminal Code.

Update since GR: Nothing substantive to share publicly.

GR: The Government of Canada will consider measures, including legislative options, to address the need for exemptions for some Canadian organizations seeking to conduct humanitarian and other essential activities in regions controlled by a terrorist group and Canadian officials who assist them while avoiding the legal risk of committing a terrorist financing offence.

Update since GR: Nothing substantive to share publicly.

GR: In order to protect principled humanitarian action, the Government of Canada will consider measures, including legislative options. In so doing, the Government of Canada will balance the need to maintain strong anti-terrorism financing provisions with the need to allow for Canadian and international organizations to deliver impartial humanitarian assistance without undue legal risk.

Update since GR: Nothing substantive to share publicly.

GR: As of August 25, 2022, the extension of an exemption for the 13 remaining Taliban officials expired. No travel ban exemptions are in effect.

Update since GR: Defer to GAC colleagues.

GR: Canada strongly supports a robust and coordinated effort by the international community to hold Taliban authorities accountable for continuous violations of Afghans’ rights and to advocate for the removal of all restrictions on women and girls’ fundamental rights.

Update since GR: Defer to GAC colleagues.

GR: Canada will continue to communicate with, and advocate for, Afghan women human rights defenders and find innovative ways to safely monitor the human rights situation in Afghanistan. The Government of Canada has repeatedly made clear to the Taliban that Canada’s engagement is predicated upon the Taliban’s willingness to recognize and protect the human rights of all Afghans, including the rights of women and girls, and the right to freedom of opinion and expression.

Update since GR: Defer to GAC colleagues.

GR: IRCC is already issuing SJTDs to Afghans per IRPR; however, SJTDs do not guarantee safe passage of clients out of Afghanistan nor do they guarantee entry into third countries. Canada’s approach to support safe passage involves continued diplomatic engagement with third countries. While SJTDs are not a safe passage solution, Canada is pursuing other options to ensure opportunities for safe passage.

Update since GR: N/A

GR: The Government of Canada continues to engage with a wide range of partners, including regional and likeminded governments, in order to secure safe passage for Afghan nationals who are eligible for Canada’s immigration programs.

Update since GR: Nothing substantive to share publicly.

GR: The Department agrees with enhancing biometric collection capacity in third countries, and has already done so. IRCC has also implemented a multi-stage approach to security screening that includes enhanced biographic collection while clients are still in Afghanistan. Clients who do not trigger admissibility concerns may be invited to travel onwards to a third country for continued processing.

However, given that identity verification via biometric collection is an integral component of the immigration process, the Government of Canada disagrees with the recommendation to waive biometric requirements.

Update since GR: The Government of Canada will continue to work with multiple partners to explore potential options for biometrics collection in Afghanistan.

GR: GAC, IRCC, and DND/CAF have been closely collaborating since the outset of the crisis in Afghanistan to ensure that Government objectives relating to its commitment to welcome at least 40,000 Afghan refugees by 2024 are met in a timely and well-coordinated fashion. The challenges with facilitating Afghan clients to Canada for resettlement relate to the complex legal, security, and operational issues on the ground in Afghanistan and the region, rather than interdepartmental coordination.

Update since GR: Nothing substantive to share publicly.

GR: IRCC agrees with working with allied countries and NGOs, including Aman Lara through GAC’s Contribution Agreement with JHR, to secure safe passage for clients remaining in Afghanistan. Concurrently, the Government Response to this recommendation highlighted how the multi-stage approach to security screening has enabled IRCC to continue moving clients through the application process. This approach involves the collection of enhanced biographic information from clients while they are still in Afghanistan. The Government can then facilitate clients to a third country, where remaining processing, including identity verification and a full inadmissibility screening utilizing biometrics, can be completed. The Government of Canada will continue to focus on supporting safe passage, which remains the key constraint in bringing Afghans to safety.

Update since GR: Nothing substantive to share publicly.

GR: GAC’s emergency funding of Aman Lara, through its agreement with JHR, has been an exceptional response to the urgency and uniqueness of the crisis. This CA has helped support the safe passage of thousands of Afghans to neighbouring countries for onward travel to Canada. In general, Canada works closely with IOM on Canada’s refugee programs around the world. In many locations, IOM is Canada’s service provider for immigration medical exams, temporary accommodations in advance of departure, and transportation logistics. Given the current circumstances in Afghanistan, IOM primarily provides this support in Pakistan and other countries in the region.

Update since GR: Nothing substantive to share publicly.

GR: The Department agrees with issuing UCIs to clients who have submitted completed applications in response to ITAs. The Government Response to this recommendation clarified the application processes for SIM and EFPP clients, and more specifically, what does/does not constitute an application.

Update since GR: Of 18,000 spots available through the SIM program, we have received over 17,000 applications, which are in various stages of processing. At this time, GAC and DND have shared referrals with IRCC for the remaining spots.

GR: Government Response highlighted how staff had been hired, an Afghanistan Task Team had been created, including a dedicated ADM. The response also reference the August 24, 2022 announcement that IRCC is working to hire 1,250 new employees by the end of the fall 2022 to address processing of large inventories that resulted in part due to increased demand and COVID-19 restrictions.

Update since GR: The Department hired over 1,250 full time equivalents, meeting its commitment to hire 1,250 employees by fall 2022. Hiring will continue throughout 2023 to further equip our processing operations, including for Afghan clients.

GR: The Government Response to this recommendation re-affirmed our commitment to the bringing 40,000 Afghans to safety in Canada, including 18,000 under the SIM program, and emphasized that the key challenge to finalize processing, however, is that many at-risk Afghans remain in Afghanistan and are unable to leave by land or by air.

Update since GR: As of February 1, 2023, IRCC has received approximately 17,155 applications in persons under the Special Immigration Measures for individuals with a significant and/or enduring relationship to Canada. Of those 17,155 persons, over eleven thousand (11,513) have been processed. Of those eleven thousand persons, 9,515 are now in Canada and the remainder are awaiting exit from Afghanistan and/or onward travel to Canada.

Application processing is not the main bottleneck in terms of resettling Afghans. For those inside Afghanistan, safe passage is the main challenge. For those in Pakistan, entry/exit controls imposed by the Government of Pakistan on both documented and undocumented clients are the main challenges.

GR: In recognition of the vast array of vulnerable groups but limited spaces, our humanitarian program resettles a mix of both target group members and other vulnerable Afghans. While the GAR pathways leverage trusted referral partners to identify vulnerable target groups for resettlement, the PSR pathway is open to any vulnerable Afghan and not limited to priority groups. For instance, the RSD waiver for 3,000 Afghans under the PSR program is open to any Afghan refugee. To this end, women fearing gender-based persecution, among others, are eligible to be resettled through this stream.

Update since GR: Nothing substantive to share publicly, however, depending on the context of this recommendation being raised, it may be worth acknowledging that the murder of Mursal Nabizada as a horrific tragedy, and offering condolences to her family.

The Government of Canada is aware that former Afghan women parliamentarians continue to face particular risks, given their previous work in the Afghan government and their fight for the rights of women and girls. A number of former Afghan female members of parliament have already arrived in Canada with more on their way. For the safety and security of all involved, we are unable to provide further information.

GR: The Government agreed with this recommendation because we already have expanded our range of referral partners beyond our traditional partners, to include Front Line Defenders and ProtectDefenders, US and NATO, and noted it is open to exploring collaboration with additional referral partners, as appropriate.

Update since GR: Nothing substantive to share publicly, however, depending on the context of this recommendation being raised, it may be worth acknowledging that the Government of Canada is working with many organizations, including Rainbow Railroad, to resettle vulnerable Afghans with a focus on priority groups, including LGBTQI+ individuals, as Government-Assisted Refugees under the Government of Canada’s commitment to resettle 40,000 Afghans.

GR: On October 17, IRCC waived the refugee status determination document requirement for up to 3,000 additional spaces under the privately sponsored refugees (PSR) program. This special program removes a barrier to sponsorship and leverages interest by Canadian citizens and permanent residents to sponsor Afghan refugees.

Update since GR: We appreciate the strong interest in this program, which demonstrates Canadians’ continued willingness to help those fleeing the crisis in Afghanistan. IRCC has received complete applications for 3,000 Afghan refugees under this public policy and the program is now full. As a result, we are no longer accepting applications for this program. Those who submitted an application after the program cap was reached will be notified.

Canadians who are looking for ways to get involved can visit our website to learn more about how to support Afghans through financial or in-kind donations, or through other methods of private sponsorship, which continue to be available.

GR: IRCC has already implemented policy to this effect. The special measures exempt applicants from the general requirement under paragraph 96(a) of IRPA that refugees be outside their country of origin to be eligible for resettlement to Canada under the Convention Refugee Abroad Class.

Update since GR: N/A

GR: The Government Response to this recommendation re-affirmed our commitment to the extended family members of former interpreters and to hiring 1,250 new employees by the end of fall 2022 to assist with processing inventories of applications immediately.

Update since GR: The Department hired over 1,250 full time equivalents, meeting its commitment to hire 1,250 employees by fall 2022. Hiring will continue throughout 2023 to further equip our processing operations, including for Afghan clients.

As of February 1, 2023, IRCC has received 5,702 applications (in persons), excluding non-accompanying dependents, through the program for extended family members of former interpreters. Of these, 1,427 applications have been approved and 1,076 clients have arrived in Canada.
Similar to recommendation #23, application processing is not the main bottleneck in terms of resettling Afghans. For those inside Afghanistan, safe passage is the main challenge. For those in Pakistan, entry/exit controls imposed by the Government of Pakistan on both non-documented and documented clients are the main challenges.

GR: The public policy for the extended family members of former interpreters who were previously resettled under public policies in 2009 and 2012 was designed for those who are at risk based on their family’s relationship to the Government of Canada. The Government Response highlighted how IRCC has expanded the definition of eligible family members to encompass de factor family members, and the need to balance Canada’s commitment to resettling 40,000 Afghans by 2024 with commitments to non-Afghan immigrants and refugees.

Update since GR: N/A

GR: Given the unique challenges of the crisis in Afghanistan where many clients have limited or no documentation, the Government of Canada has adjusted its practices to make the processing of applications for special immigration measures as efficient as possible. That said, birth certificates are generally required for children.

Update since GR: As part of our responses to the situations in Afghanistan and Ukraine, clients were required to complete health screening either prior to departure or upon arrival in Canada, depending on various factors including local conditions, the safety of our clients, and the risk to public health. Where possible, streamlined approaches were implemented to help accelerate their safe travels to Canada. Any decision to tailor or streamline immigration medical exam processes is based on the public health advice of IRCC’s Medical Officers and takes into account various public health risk factors, including protecting public health in Canada.

GR: The cap on SAHs was implemented in 2018 as a control mechanism to balance intake of client applications with sponsor capacity in Canada. IRCC has allocated 3,000 additional spaces to SAHs specifically for Afghan refugees over and above the existing annual global SAH cap.

Update since GR: N/A

GR: In recognition of the unique humanitarian situation in Afghanistan, Afghans who are approved for permanent residence through the EFPP are given access to the Immigration Loans Program to assist with their travel costs to Canada; receive three months of income support through the Resettlement Assistance Program; are provided with Interim Federal Health Program coverage for up to 12 months; and, are able to access settlement services in their local community. The Government of Canada also understands that family members already in Canada may be able to support extended family members through the arrival and settlement process, including transportation from the airport, finding temporary and permanent housing, and setting up bank accounts.

Update since GR: Nothing substantive to share publicly.

GR: The Government of Canada has and will continue to support the journey of vulnerable Afghans located in third countries to Canada once their applications have been processed to completion.

Update since GR: An update on number of charters was provided within the GR, but there have been several more charters since the GR. In total, since October 2021, we have facilitated 22 charters from Pakistan; 16 charters from Tajikistan; and 5 charters from other countries.

GR: IRCC has already implemented measures to this effect. The Government of Canada provides temporary housing in third countries while client applications are being processed. Clients under EFPP are also entitled to host services through IOM.

Update since GR: N/A

GR: A lessons learned exercise is being conducted by BDO Canada on IRCC’s response to the Afghanistan crisis. IRCC intends to share the lessons learned report with impacted departments and communicate the main findings to CIMM.

Update since GR: The key emerging lesson learned related to how IRCC managed the Afghanistan crisis is to build on its current crisis management program. This should be done by employing an international crisis lens to:
Quickly establish appropriate interdepartmental and internal governance structures;
Establish and communicate departmental risk tolerance levels for appropriate decision-making;
Establish a crisis communications strategy for external and internal communications; and
Ensure adequate employee capacity and wellness support.

GR: The Government Response highlighted how Canada is already prioritizing the resettlement of LGBTQI individuals, e.g. GARs through the humanitarian stream and the expanded Rainbow Refugee Assistance Partnership (RRAP), to enable organizations in Canada to sponsor up to 150 Afghan LGBTQI+ individuals between 2022-2024.

Update since GR: The Government of Canada is working with many organizations, including Rainbow Railroad, to resettle vulnerable Afghans with a focus on priority groups, including LGBTQI+ individuals, as Government-Assisted Refugees under the Government of Canada’s commitment to resettle 40,000 Afghans.

GR: The Government of Canada will examine options to enable Afghans to study in Canada based on further analysis of eligibility requirements and a review of promising practices, including both government and non-government solutions. For example, the World University Service of Canada’s Student Refugee Program was activated in Pakistan in 2021 and 2022 to respond to the crisis in Afghanistan. Canada also has other immigration pathways that would not require Afghan applicants to demonstrate their intention of returning to Afghanistan, in addition to the SIM program and the humanitarian refugee stream for Afghans. For example, Afghan refugees outside of Afghanistan may qualify for economic immigration with the help of facilitation measures offered under the Economic Mobility Pathways Pilot that supports skilled refugees to access economic immigration.

Update since GR: The Department is aware that Afghan women and girls continue to face particular risks and challenges when it comes to education in Afghanistan. On this matter, IRCC is actively exploring options to facilitate the access to study permits for Afghan nationals.