CIMM – Question Period Note - IRCC Ombudsperson – November 29, 2022

Date: Nov. 22, 2022
Classification:
Department: IRCC

Issue:

There have been suggestions to appoint an independent ombudsperson.

IRCC is committed to continuously improving its services to make them more accessible and responsive to meet the needs of clients.
The Department interacts with millions of clients in Canada and across the globe every year, and recognizes that open and transparent communication with clients is essential.
IRCC understands the concerns with existing mechanisms for addressing inconsistencies in processing and seeking additional information about officers’ decisions on applications.
IRCC has taken a number of steps to make real and lasting changes within the Department to ensure that systemic inequities and disparities are eliminated from its operations and policies.
We are exploring the feasibility of establishing an Ombudsperson Office by conducting a thorough review of the issues raised by the Committee and the potential scope of this office.

The establishment of an Ombudsperson Office 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.
IRCC published an Anti-Racism Value Statement, and established an Anti-Racism Task Force to provide anti-racism guidance to senior management and employees that is building the foundations for the generational work required to eradicate racism in its policies, operations, and people management practices.

Contact:
Sylvain Beauchamp
Director General, Client Experience Branch
Tel. No.: 613-437-5651
Cell. No.: 343-548-7270

Approved By:
Daniel Mills
Senior Assistant Deputy Minister, Operations Sector
Tel. No.: 613-437-6396

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).

CIMM has published three reports in the last two years on IRCC operations related decision-making and client outcomes:
- Immigration in the Times of COVID-19: Issues and Challenges (May 2021 and re-tabled in February 2022)
- Differential Treatment in Recruitment and Acceptance Rates of Foreign Students in Quebec and in the Rest Of Canada (May 2022)
- Promoting Fairness in Canadian Immigration Decisions (November 2022)
All three reports contained recommendations for IRCC to implement an Ombudsperson Office in order to provide greater oversight of operations and policies, as well as review complaints related to racism.
The most recent Government Response, tabled in September 2022, was to the report on Differential Treatment of Foreign Students. In that Response, IRCC committed to exploring the feasibility of establishing an Ombudsperson Office. The Department will be conducting a review of the issues raised by the Committee and the potential scope of the office, in light of existing mechanisms to address complaints, contest an IRCC decision, as well as initiatives currently underway at IRCC to identify and address systemic inequities that can lead to unequal outcomes.
The Government Response to the November 2022 report on Promoting Fairness in Canadian Immigration Decisions will be tabled before the end of the fiscal year.