SECU – SECU 117.1 – Asylum application process – September 19, 2024

IRCC’s response to a request for information made by the Standing Committee on Public Safety on August 28, 2024

Question

Mr. Iqwinder Gaheer: I want to ask a question about the difference between an individual who has gotten a visitor visa, who lands in Canada at, for example, Pearson airport, which is in my riding, and who files for asylum at that airport—that's an inland claim—versus an individual who makes a claim prior to entering Canada. Can anyone on the panel speak to the different legal protections afforded to those two individuals, or maybe to how different the processes are for those two streams?

Ms. Aiesha Zafar: Mr. Chair, as the member mentioned, every individual who is in Canada who claims asylum is subject to 100% security screening by our partners at the CBSA and CSIS. That comprehensive security screening is conducted on every asylum claimant in Canada. With individuals who are looking to seek asylum coming into Canada from outside, they are assessed differently. I don't have all the details, as I am more on the migration integrity side. They are assessed to determine whether or not they could become permanent residents in Canada. Then they would go through, if it's approved, a permanent resident screening process.

Mr. Iqwinder Gaheer: Could we have a submission to the committee, if that's possible, of the difference in the security screening procedures for an overseas application seeking asylum versus an inland application seeking asylum?

Ms. Aiesha Zafar: We can certainly look into that.

Response

The Canadian refugee protection system has two main programs. The first program is the Refugee Resettlement Program that provides protection to people who are outside of Canada. Refugee resettlement applicants may be referred, from abroad, primarily by the United Nations Refugee Agency (UNHCR), or another authorized referral organization, or identified by a private sponsor in Canada.

Before they can travel to Canada, refugee resettlement applicants must demonstrate that they have a well-founded fear of persecution or are seriously affected by civil war, armed conflict or a massive violation of human rights. They must also show that they do not have a durable solution (local integration, voluntary repatriation or resettlement to another third country) and they are not inadmissible to Canada. As part of this admissibility screening, overseas refugee resettlement applicants must provide their biometric information (fingerprints and photograph). Applicants are referred to Public Safety partners for comprehensive security screening based on risk indicators. If the officer is satisfied that the applicant is eligible for and not inadmissible to Canada, a permanent resident visa is issued to travel to Canada. Upon arrival in Canada, applicants are subject to examination at the Port of Entry before being granted access to Canada. Once they arrive in Canada, resettled refugees are granted permanent resident and protected person status.

The second program is the in-Canada Asylum Program that offers protection to individuals (a.k.a. asylum seekers) who are in Canada and have a well-founded fear of persecution or are at risk of torture, or cruel or unusual punishment in their home countries. Individuals in Canada can submit their refugee claim upon seeking entry to Canada at a Port of Entry or at an inland office if they have already entered Canada. Biometrics are required as part of that process. An individual cannot apply for asylum from outside of Canada.

Once an individual files for refugee protection, their claim is assessed either by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Service Agency (CBSA) to determine whether the person is admissible and eligible to be referred to the Immigration and Refugee Board of Canada (IRB), an independent tribunal that decides who needs refugee protection under the Refugee Convention.

Before receiving a decision at the IRB, all in-Canada refugee claimants 18 years of age are older are subject to 100% comprehensive security screening by CBSA and CSIS. If the claim is approved by the IRB, the claimant is granted protected person status and may apply for permanent residence. Permanent residence applicants are referred to Public Safety partners for comprehensive security screening on a discretionary basis, based on risk indicators.