Backgrounder No. 15

Screening of Refugee Claimants

February 2004

Introduction

Beginning in November 2001, the Government of Canada adopted a new policy which requires that all refugee claimants to Canada be subject to Refugee Claimant Screening. This process involves checking refugee claimants against CSIS and RCMP records at the beginning of their determination process and in advance of Immigration and Refugee Board (IRB) hearings. The purpose of the program is to identify and filter potential security and criminal cases as early as possible in the refugee protection determination process. The Refugee Claimant Screening program is conducted by the Security Screening Branch of the Canadian Security Intelligence Service (CSIS) for the purpose of providing security-related advice to the Minister of Citizenship and Immigration (CIC).

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Who are Refugee Protection Claimants?

Canada has signed the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. Refugee protection is conferred on persons when the IRB determines that they are Convention refugees or persons in need of protection.

A Convention refugee is a person outside of their country of nationality or habitual residence who is unable or unwilling to return to that country because of a well-founded fear of persecution for reasons of race, religion, political opinion, nationality or membership in a particular social group.

A person in need of protection is a person in Canada whose removal to their country of nationality or former habitual residence would subject them to the possibility of torture, risk to life, or risk of cruel and unusual treatment or punishment.

Wars, famines, natural disasters, or state policies, such as ethnic cleansing, are common reasons for people to flee their homelands. Between 20,000 and 30,000 persons request refugee status annually in Canada and now all will require security checks.

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Reasons for Adopting Refugee Claimant Screening

Refugee Claimant Screening is a relatively recent government initiative through CIC, to ensure that all refugee claimants arriving in Canada are subject to a screening process similar to that used for applicants for permanent residence. The Security Screening Branch of CSIS has, however, been conducting for a number of years security screening of those Convention refugees and all other immigrants who apply for permanent residence status from both within and outside of Canada. It has also provided advice to the Minister of Citizenship and Immigration related directly to the security inadmissibility criteria contained in the Immigration and Refugee Protection Act (IRPA). The branch also provides CIC with security assessments on applicants for Canadian citizenship.

The fairness of Canada's refugee determination system is recognized around the world, but was deemed vulnerable to abuse. The Government of Canada planned to improve the refugee determination system through a balanced series of measures that would preserve Canada's tradition of offering protection to genuine refugees, while increasing integrity and effectiveness. By adopting a Refugee Claimant Screening program, the government has taken action to ensure that our immigration and refugee determination systems are not open to abuse by criminals or terrorists.

Prior to November 2001, refugees would only be screened once they applied for permanent resident status in Canada. To apply for permanent residence, a person must have been determined to be a Convention refugee by the IRB. However, many refugee applicants were never screened as they never applied for permanent resident status. The fact that the government could not determine for certain the whereabouts of unscreened refugee claimants, combined with the fact that it can take a year or more between application for refugee status and a hearing, meant that thousands of unscreened refugee claimants could be living in Canada at any time.

The issue of unaccounted refugee claimants was a source of concern for a number of reasons, some of which were security-related. One such reason was the potential for terrorists to slip into Canada as part of the refugee stream. Another was the possibility that certain people could attempt to use refugee status to bring foreign-rooted issues to Canada, undermining domestic security within this country.

This situation led the Government of Canada to conclude that a security gap existed in the refugee immigration stream. The Refugee Claimant Screening program was introduced in order to close this security gap. This program seeks to identify and filter potential security and criminal cases from the refugee claimant stream as early as possible in the determination process, thereby strengthening the integrity of the refugee determination process and enhancing public safety.

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How Is Screening for Refugee Claimants Conducted?

Refugee claimants may make a claim for refugee protection at any CIC Port of Entry (POE) office (airport or land border crossing) or inland CIC office across the country. In the case of applicants where no initial security concerns are noted by the CIC officer, the refugee claimants' background information is forwarded by CIC to the CSIS Security Screening Branch to conduct its screening checks.

A second distinct, yet complementary, program assists in identifying refugee claimants who are inadmissible for security reasons as early as possible in the refugee determination process. This program is known as the Port of Entry Interdiction Program (POEIP). Should a front- line CIC officer posted at a port of entry have security concerns pertaining to an individual's inadmissibility to Canada, the officer may request the assistance of a CSIS officer to conduct a joint interview of the individual and to provide security-related advice. By screening those with security concerns at the port of entry, the POEIP seeks to prevent persons who are inadmissible under IRPA from entering or gaining status in Canada. Since the events of September 11, 2001, CSIS is present at selected border crossings and international airports to assist Immigration and Customs officers.

As with all of its immigration screening programs, the Service advises if any security concerns relating to a particular application surface in the course of its checks and provides CIC with relevant security advice if such concerns come to light. In all immigration and citizenship applications, the Minister of Citizenship and Immigration has the ultimate responsibility of determination for the application.

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Part of the Government's Overall Commitment to National Security

Screening of Refugee Claimants is part of the Government of Canada's overall commitment to protect Canada's national security interests. With between 20,000 and 30,000 refugee claims annually, Refugee Claimant Screening serves as a first line of defence against those who would act against Canada's citizens or interests by using its refugee policies to gain access to the country. CSIS, through its Security Screening Branch, assists the Minister of Citizenship and Immigration Canada to ensure that those who are inadmissible to Canada for reasons of security are identified and prevented, as rapidly as possible, from taking up residence in Canada.

Date modified: 2005-11-14

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