Operational Bulletin 240 - October 1, 2010

Rehabilitation Applications — Change to Delegated Authorities for Decision Making

Issue

The Designation and Delegation Instrument (PDF, 922.26KB) [PDF format, 321 kb] has been amended (Item 65) to enable more decision-makers to grant or refuse applications for criminal rehabilitation where the individual is inadmissible on grounds of serious criminality as per section 36(3) of the Immigration and Refugee Protection Act. The positions are outlined in Annex 1.

Background

A review of the current process involving criminal rehabilitation applications, including procedures, processing times and volumes was carried out by the Case Management Branch (CMB) at National Headquarters (NHQ).

Currently, the inland or visa office receives an application from the client, with the processing fee, where it is reviewed for completeness and a determination of whether the application meets the basic criteria as set out in manual ENF 14/OP 19 is completed. A recommendation is drafted after the receiving office equates the foreign offence to an offence under an Act of Parliament and analyses the rehabilitation factors. The officer then consults with their respective manager and forwards the application to CMB.

At CMB, the application is reviewed by an analyst. The analyst examines the foreign conviction, confirms the Canadian equivalency and proceeds to examine the same information presented to the visa officer/Inland officer. The analyst forwards a short summary of the file, including both the analyst and officer’s recommendations, to assist the Director General of CMB (the Minister’s delegate) in rendering a final decision.

During CMB’s review of the above process, it was established that in most cases the Minister’s delegate concurred with the initial field officer’s recommendation. It was concluded that CMB’s role in the process was a duplication of effort on the majority of applications.

As a result, a decision was made to delegate the decision making authority for criminal rehabilitation to more positions. The new delegations reduce processing times and improve efficiency. This change also aligns the processes and delegations related to both rehabilitation of non-serious criminality and the issuance of Temporary Resident Permits.

New instructions

The inland or visa office receives an application, with the processing fee, from the client where it is reviewed for completeness. A determination is made whether or not the application meets the basic criteria as set out in ENF 14/OP 19. The receiving office equates the foreign offence to an offence under an Act of Parliament, analyses the rehabilitation factors and drafts a recommendation.

The officer then refers the application to the respective delegate (see Annex 1) for a final decision, instead of forwarding to CMB.

For consideration

Officers should remain diligent in assessing equivalencies, establishing the correct grounds for inadmissibility and ensuring that the client meets the minimum requirements for rehabilitation.

To reach a reasonable conclusion, final decisions in these applications must be rendered after a careful balancing by the delegated authority. It is not enough to itemize or list the various considerations that affect rehabilitation. Consistent with all other lines of business, recommendations and final decisions need to reflect a thorough analysis of all relevant factors.

Next steps

For those cases currently pending or sent before the publication of this OB to CMB, files will be returned to the appropriate office for decision-making. In cases where the file is high profile, sensitive or more complex, CMB will liaise with respective offices directly to determine the most appropriate course of action.

CMB remains available to assist with inquiries related to case specific issues. These include those related to the determination of criminal equivalency and requests for advice and guidance on high profile or legally complex cases. Please refer to manual ENF 14/OP 19 – Section 13 for assistance with equivalencies before contacting CMB. Inland and overseas offices should also refer to OP 1 – Section 15 for instructions relating to the procedures in dealing with a high-profile, contentious and/or sensitive case.

Where applicable, training may be offered to facilitate the decision making related to this new authority.

Annex 1 – Delegated Authorities to Grant or Refuse Criminal Rehabilitation

The following positions now have the authority to grant or refuse a rehabilitation application with serious criminality:

National Headquarters
Director General, Case Management
Director, Case Review

Atlantic Region
Director, Operations
Manager, Newfoundland and Labrador
Manager Operations, Prince Edward Island

Quebec Region
Director
Manager

Ontario Region
Site Manager
Manager, Citizenship and Immigration Center

Prairies and Northern Territories Region
Director Operations
Site Manager

British Columbia and Yukon Region
Director of Citizenship and Immigration Centre
Manager of Citizenship and Immigration Centre
Site Manager
Director, Operations

International Region
Operations Manager
Deputy Program Manager
Immigration Program Manager