ARCHIVED – Notice of Proposed Regulatory Amendments – Reporting Requirements for Designated Foreign Nationals

August 3, 2012 – Draft regulatory amendments to the Immigration and Refugee Protection Regulations which outline the proposed reporting requirements for designated foreign nationals have been published in the Canada Gazette Part I for a 30-day comment period.

The Protecting Canada’s Immigration System Act (PCISA) gives the Minister of Public Safety the authority to designate the arrival of a group of foreign nationals in Canada as an irregular arrival (which includes human smuggling) when one of two factors is present:

1. the examinations relating to identity and admissibility of the persons involved in the arrival, and any related investigations, cannot be conducted in a timely manner; or
2. there are reasonable grounds to suspect that the arrival involves organized human smuggling for profit, or for the benefit of, at the direction of or in association with, a criminal organization or terrorist group.

The Act includes a requirement for a designated foreign national who receives refugee protection to report regularly to an officer. An individual must report in person to a Canada Border Services Agency (CBSA) officer within 30 days after a positive decision on their refugee claim and on an annual basis following the initial reporting interview. It also authorizes the making of regulations relating to this reporting requirement.

The proposed regulations specify when, during that period, individuals must report to an officer, how long they need to continue reporting and the type of information that must be provided. This allows for confirmation that the person has remained in Canada.

CIC is soliciting written comments from all interested parties on the proposed regulatory amendments. To read more about the proposed changes, please visit the Canada Gazette website.

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