The government has announced a new bill to strengthen Canada’s border security and the overall immigration system.
The Strong Borders Act (“the Bill” or “Bill C-2”) proposes notable amendments to allow Immigration, Refugees and Citizenship Canada (“IRCC”) to share client information; cancel, suspend or change immigration documents; pause the acceptance of new applications; and pause or cancel the processing of applications already in the inventory. Additionally, the Bill is proposing significant changes to the asylum system in Canada.
Changes in Information Sharing
Specifically, the Bill proposes to change the Immigration and Refugee Protection Act and the Department of Citizenship and Immigration Act to:
- Authorize IRCC to share client information, such as identity, status and immigration documentation with federal, provincial and territorial partners;
- Make it easier for IRCC to share client information between different IRCC programs;
- Allow for regulations to be developed to share client information across federal departments for the purpose of cooperation.
Changes in Government’s Power to Cancel Immigration Applications/Permits
The new Bill proposes to change the Canadian immigration legislation to strengthen the control over immigration documents. In the government’s own words “for matters of public health or national security”, the government of Canada and relevant authorities will be able to:
- Cancel, suspend or change groups of immigration documents immediately;
- Pause the acceptance of new applications;
- Pause or cancel the processing of applications already in the inventory.
Changes in Response to Increasing Number of Asylum Claims
Lastly, there are significant potential changes in the asylum system in Canada that include:
- Simplifying the online application process and make the process the same for port of entry or in-land applicants;
- Referring complete claims to the Immigration and Refugee Board of Canada (“IRB”) to speed up decisions;
- Making sure that claims are only decided by the IRB while the claimant is physically present in Canada;
- Remove inactive cases from the system;
- Speed up voluntary departures by making removal orders effective the same day a claim is withdrawn;
- Help vulnerable claimants, like minors or those who don’t understand the process, by assigning representatives to support them during IRCC and Canada Border Services Agency (“CBSA”) proceedings.
In addition, there are two important proposals in the eligibility criteria to protect the asylum system against sudden increases in claims.
First, if this Bill is passed, asylum claims made by people more than one (1) year after first arriving in Canada after June 24, 2020, would not be referred to the IRB. This would apply to anyone, including students and temporary residents, regardless of whether they left the country and returned.
Second, with the new changes, asylum claims from people who enter Canada from the United States along the land border between ports of entry and make a claim after fourteen (14) days would not be referred to the IRB.
However, important to note, people who are affected by these ineligibility provisions may still apply for a pre-removal risk assessment (“PRRA”) to make sure they are not sent back to a country where they could face harm.
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