CIMM – Creation of an Independent IRCC Ombudsperson – March 24, 2022

Key Messages

• IRCC understands that it can do more to improve existing mechanisms so that clients can more easily address inconsistencies in processing, or to seek additional information about officers’ decisions on applications.
• Under the Immigration and Refugee Protection Act (IRPA), IRCC decisions are eligible for redetermination for any individual refused temporary or permanent residence, and clients are informed of their options to do so.
• IRCC will explore other ways of interacting with clients to hear their concerns regarding not only the quality of the client service, but perceptions of bias in decision making processes, or broader concerns that equity is not sufficiently balanced with objective decision-making criteria.
• The creation of an ombudsperson needs to be considered in light of client service improvements we plan to make, as well as initiatives currently underway to identify and address systemic inequities which can lead to unequal outcomes.

Supplementary Messages

Client service improvements

• The concept of client service is interwoven into all of the Minister’s mandate commitments, specifically reducing processing times, strengthening family reunification, expanding temporary or permanent pathways, simplifying application processes, or supporting employers and communities.
• In recent years, IRCC’s service to clients has been under scrutiny from several federal oversight bodies, such as the Auditor General of Canada (audit regarding Call Centre services), the Office of the Information Commissioner (systemic investigation regarding Access to Information and Privacy [ATIP] practices), and most recently, the report by the Parliamentary Committee on Citizenship and Immigration titled “Immigration in the Times of COVID-19: Issues and Challenges”.
• We have been using the recommendations coming out of these reports as an opportunity to accelerate client service and support improvements and to provide greater transparency to clients (e.g. the creation of the Citizenship and Family Class Case Status Trackers). We recognize, however, that we still have more to do.

Anti-racism initiatives

• IRCC has taken steps to hold ourselves to the highest possible standards for programs, policies and client service free from any racial bias.
• We published an Anti-Racism Value Statement, which makes it clear that addressing racism is the responsibility of every employee. In that statement we committed to being accountable and transparent through the collection, use and dissemination of disaggregated and race-based data, and reporting on progress and outcomes. We have also committed to identifying and addressing systemic discrimination and barriers within all policies, programs and initiatives.

Background

Existing Client Feedback Processes: Reconsiderations

• IRCC already has a number of pathways in place that clients can, and do, access with to provide feedback regarding their experience;
• Under the Immigration and Refugees Protection Act, clients are provided with different avenues of recourse depending on their specific circumstances.
• Non-complex issues typically include undue delays, requests for reconsideration of an officer decision, clarifying the reason(s) for officer decisions, identifying inconsistencies or administrative errors in processing, and other service experience issues such as: poor or misleading information and an issue involving an IRCC staff member, or service provider.
• Reconsideration (of an officer’s decision) is an option for any client with a negative immigration decision and can be requested through the IRCC online web form. Reconsideration requests are currently dealt with by the offices responsible for the original processing decision.
• With regard to complex cases, IRCC already has a number of pathways in place that clients can and do access such as the Immigration Appeal Division, Federal Court, the Canadian Human Rights Commission, and the National Security and Intelligence Review Agency (for security partner-related complaints).
• At the CIMM Ministerial Appearance on Processing and Francophone Students on February 17, 2022, you were was asked whether you supported the creation of an ombudsperson position at IRCC. You indicated that you would take every recommendation of the committee seriously, including what was decided about an ombudsperson. In addition, you stated that you were not prepared to commit to a decision before considering all of the evidence that may come forward during the study.

Standing Committee on Citizenship and Immigration (CIMM) Report: Immigration in the time of COVID-19

• In May 2021, the Standing Committee on Citizenship and Immigration released its report titled “Immigration in the Times of COVID-19: Issues and Challenges”.
• Under the theme of Accountability Mechanisms, the report recommended (recommendation 15) that “the Government of Canada introduce legislation to create an Immigration Ombudsperson to oversee Immigration, Refugees and Citizenship Canada and to receive complaints.”
• [Redacted].
• On February 4, 2022, the CIMM committee re-tabled the above-mentioned report, and the Government Response is due in early June 2022.