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Walk in Service Discontinued at CIC Calgary

Big changes:

 

THE CANADIAN BAR ASSOCIATION Alberta Branch

  

I am writing to advise that as of June 1^st walk-in service at the Citizenship and Immigration Centre in Calgary will be discontinued. This change will take place across Canada.  The front reception doors at CIC Calgary  will be closed and only clients with pre-arranged interviews will be seen by CIC staff.  A Commissionaire will be on duty to meet clients with appointments and provide information on how clients can contact CIC.

Clients will be able to conduct most routine business with CIC either online at www.cic.gc.ca, by mail or through the CIC Call Centre at 1-888-242-2100.  Clients with general inquiries are urged to access CIC though one of these two methods.  Clients with emergency needs should also contact the Call Centre to make arrangements for an interview.

People wishing to claim refugee status will be able to make their intent known to a Commissionaire who will make arrangements for the person to be seen by a CIC official. 

I understand this is a big change and that you may be concerned about an impact on your clients. Please be assured that we will continue to serve you and your clients in accordance to the procedures above and to the best of our ability.

It will no doubt take a few weeks for us to refine our procedures and I will keep you advised of any significant developments.  Thanks for your patience.

 

 

Robert Ferguson
Director | Directeur de région
PNT - Calgary CIC | PNT - CIC Calgary
Citizenship and Immigration Canada | Citoyenneté et Immigration Canada
220 4th Avenue SE, Room 210 Calgary Alberta T2G 4X3 | 220 4e, avenue se pièce 210 Calgary Alberta T2G 4X3
Office | Bureau CIC Calgary

Kenney's Reforms: A Mixed Bag

Too often immigration reform becomes a divisive, partisan issue.

I've been a critic of Jason Kenney's policies in the past. However, there is little doubt in my mind that there is a basis for Kenney's desire to reform the immigration and refugee system in Canada.That being said, he has displayed an disconcerting proclivity to disrespect due process.

For example, it's clear that the oft-quoted doctor driving a cab in Canada is no myth:

we now know that one urban myth is true. Overqualified immigrants do drive taxis – though not all of them are physicians. Many are in fact architects and engineers. This underscores the need for Canada to reform its immigration-selection system with the aim of helping newcomers work in their chosen professions and actually design buildings and highways, instead of having to ferry people across town.

The success of Kenney's new vision of a demand driver, employer-centric Federal Skilled Worker Class remains to be seen, but may address the scenario of physician (or other professional immigrants) driving taxis.

And, while I share the concerns regarding the treatment of Roma in some eastern European countries, does it really make sense that Europe has become a primary source of refugees to Canada (instead of Africa?). In passing - even the vast majority of Roma claims are abandoned or withdrawn which raises an inference as to the well foundedness of those claims in the first place.

On the other hand Kenney's insistence on punishing refugee seekers that come 'en masse' is perplexing. A minority of refugees come on ships like the Tamils that have arrived in the last couple of years. Far more fly in or walk across the border. But for some reason, Kenney is mortally offended by those that come via ship and wants the ability to detain them (even women and children) for up to a year (sounds like there may be a concession on this point in the works though).

Kenney's decision to terminate all those that waited patiently in the Federal Skilled Worker queue similarly occasions head scratching. Surely he has to be aware of the irony (or hypocrisy) in callously trashing all applications submitted prior to February 27, 2008. Kenney insists that queue jumpers should not be rewarded -- but he has now punished all those that waited patiently for their opportunity to immigrate to this country.

Perhaps on a bottom line analysis where immigrants are mere commodities, Kenney's move makes sense. On any other analysis, it constitutes bad faith and a breach of our obligation to deal fairly with prospective immigrants to this country.

Kenney's reforms are a mixed bag and it remains to be seen whether his efforts will be in the spirit of Canada's humanitarian tradition.

 

Updated: Detention Review

When a foreign national or permanent resident is taken into custody by immigration, a review of that detention is done by the Immigration Division. This happens within 48 hours; 7 days and 30 days (and 30 days thereafter if detention is continued).

It's quite similar to a bail application in the criminal context. The Minister's delegate has to establish that there exist reasons for continued detention. This could be that the individual is a danger to the public or a flight risk.

Attached is the transcript of a relatively complex detention review. It was the initial 48 hours (client was in custody and had completed his criminal sentence and had been transferred to immigration hold). The client had been previously found inadmissible to Canada and had appealed that to the Immigration Appeal Division. While he initially was granted a stay, he had subsequent criminality that resulted in the termination of that stay. Complicating matters further, the conviction for the subsequent criminality was set aside by the Court of Appeal.

Detention reviews are difficult as they are done with little notice and often times little access to the client. The CBSA hearings officers here in Calgary often provide evidence in their submissions. Disclosure is sometimes provided at the hearing itself. You've got to be able to think on your feet.

It's rough justice at times.

Download Detention transcript

Here's another scanned and redacted transcript. In this case, the client is a Permanent Resident of Canada but facing charges back in Moldova. The CBSA (in my opinion) were unjustified in arresting him. The client was gainfully employed, had a child and other family in Canada and had no criminal charges in this country.

Notably, the CBSA wanted to continue holding him until the admissibility hearing would be done (BTW it's been about a year since then and the admissibility hearing has still not been done). That made no sense at all since (even according to them) he would be released at that time (CBSA had the optimistic view that it would be done in 7 days time).

The Member in this hearing is Marc Tessler - very efficient, and very good. He realized fairly quickly that the admissibility hearing wouldn't be held that quickly and moreover, the client retained an ability to challenge the allegations in that matter and appeal it to the IAD if unsuccessful.

While Mr. Tessler chastised me a bit for "making a speech" as I felt that the CBSA was using preventive detention to punish my client, but the end result was release for my client on a cash bond of $5,000.00 (which is what we proposed).

Download Detention review transcript II

Closure and Transfer of Visa/Immigration Services from Canadian Embassies (Berlin, Tokyo, Dhaka and Kuala Lumpur)

Operational Bulletin 415 - April 30, 2012
Closure and Transfer of Visa and Immigration Services from the Canadian Embassies in Berlin and Tokyo and Canadian High Commissions in Dhaka and Kuala Lumpur
Summary

The purpose of this Operational Bulletin (OB) is to provide information regarding the closure of the Berlin, Dhaka, Kuala Lumpur and Tokyo visa offices, and the transfer of visa and immigration services.

Background

Effective immediately, the Visa and Immigration Sections of the Canadian Embassies in Berlin and Tokyo and the Canadian High Commissions in Dhaka and Kuala Lumpur are closed to the public.

Instructions
Temporary Resident Processing
New Applications
Persons residing in...

Applications should be submitted to...

Germany, Netherlands, Switzerland* (*for study or work permits)

Visa Office in Vienna OR in person to any other CIC visa office

Bangladesh

VAC (Dhaka, Chittagong or Sylhet), Visa Office in Singapore OR in person to any other CIC visa office

Malaysia

Visa Office in Singapore OR in person to any other CIC visa office

Japan

Visa Office in Manila (Philippines) OR in person to any other CIC visa office

(Note: International Experience Canada applicants should continue to apply to the Canadian Embassy in their country of origin)

Temporary Resident Applications in-Process

Temporary resident applications currently in process in Berlin, Dhaka, Kuala Lumpur and Tokyo will continue to be processed and finalized at those offices.

VACs in Bangladesh (Dhaka, Chittagong, Sylhet) will continue to operate normally, and applicants are encouraged to use those services.

Permanent Resident Processing
New Applications

New Federal Skilled Worker, Quebec Skilled Worker, Provincial Nominee Program, Investor Program and Canadian Experience Class applications should continue to first be submitted to the Centralized Intake Office in Sydney, Nova Scotia, Canada (CIO-S). New Family Class applications should continue to first be submitted to the Case Processing Centre in Mississauga, Ontario, Canada (CPC-M).

As of 1 May, 2012, CIO Sydney, CPC-M, CPP-O and CPC-V should forward files to the appropriate visa office as below:
Applicants in...

Applications should be sent for processing to...

Germany, Netherlands FSW PNP/QSW

Visa Office in Vienna Retain in CIO-S for processing

Bangladesh

Visa Office in Singapore

Malaysia

Visa Office in Singapore

Japan

Visa Office in Manila (Philippines)

Applications in-Process

Applications currently in process in Berlin, Dhaka, Kuala Lumpur and Tokyo have been transferred to the appropriate visa office now responsible for processing. All original supporting documents accompanying applications in Berlin, Dhaka, Kuala Lumpur and Tokyo have also been transferred. Applicants who have already sent documents to the Canadian Embassies in Berlin and Tokyo and the Canadian High Commissions in Dhaka and Kuala Lumpur do not need to re-send them.

External Client Enquiries

During the transition period, all efforts will be made to minimize processing delays. We ask that applicants and their representatives avoid contacting regional visa offices during this time. Applicants will be contacted by the new processing mission in due course.

Returning Permanent Residents

Returning permanent residents are encouraged to submit applications for a Permanent Resident Travel Document to the visa office responsible for the country where they are currently located (see list of visa offices abroad).

Web Sites

* Vienna
* Singapore
* Manila

Expiry of Directives

These directives will remain in force until further notice. Further instructions will be communicated as required.

Quoted in Globe and Mail article on the Alberta election...

...
“Let’s face it, immigrant communities hold socially conservative views,” said Raj Sharma, a Calgary immigration lawyer and former co-host of a Punjabi political radio show. “And, of course, there are models of entrepreneurship and [fear of] big government that exist in many immigrant communities. You really have to look at how Jason Kenney broke the Liberal Party hold on immigrant communities, and you understand there is actually an intersection where people vote conservative.”
...

http://m.theglobeandmail.com/news/politics/dynamic-calgary-holds-historic-vote-in-hand/article2410586/?service=mobile

Internal Message to all CIC Staff regarding Budget 2012

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A Message to all CIC Staff – April 12, 2012

Subject: Budget 2012 – Impact on CIC

Yesterday, most of you heard from your ADMs about the impact Budget 2012 will have on the department, and more specifically your Sectors.  We also had the difficult task of telling some of you and your colleagues that your positions have been affected or declared surplus as a result of the changes. All those who were directly impacted were notified yesterday. This has not been an easy time for any of us, and I would like to thank you for your continued professionalism and patience you have shown during this time.

In total, CIC will see savings of $71.2 million by 2014-2015 as part of the plan to make government more effective and efficient and reduce our country’s deficit. This will result in a workforce reduction of  approximately 283 employees across the department.

As I mentioned in my message on March 29, as part of Budget 2012, CIC received supporting documents specific to the spending review that outlined which of our proposals were accepted.  We have spent the past two weeks analyzing that information and following the official notification process, which I outlined to you in my message on April 3^rd.  We now feel we have a solid plan to move forward.

Modernizing our Operations

CIC has been moving diligently towards an increasingly integrated, modernized, and centralized working environment. Updated technology, along with a robust program integrity strategy, allows processing to be done anywhere and in a more effective manner, therefore reducing the number of CIC offices needed in Canada. Conditions now exist that permit the strategic reorganizing of the domestic network.  CIC can continue to do its work with fewer local offices while reducing its overhead costs.

We will be closing offices in Canada and be moving from 7 regions to 5 regions.  One western region will be created, amalgamating BC, Yukon, Prairies, the Northwest Territories (NWT) and Nunavut. The  location of the regional office will be moved to Calgary, Alberta.  An eastern region will amalgamate Québec and the Atlantic provinces. Its regional headquarters will be located in Montreal with a senior presence in Atlantic Canada.  Ontario region will remain.  Functional guidance and operational performance measurement will be centralized at NHQ.

Nineteen small CIC offices in Canada will be closed or consolidated into existing offices.  Offices will be closed and services will be relocated to other offices or moved to on-line services.  The following offices will be closed:

§       BC - Nanaimo, Prince George, Kelowna, Victoria

§       AB - Lethbridge

§       SK - Regina

§       ON - Thunder Bay, Barrie, Oshawa, Sudbury, Sault St. Marie, Kingston

§       QC – Gatineau, Sherbrooke, Trois Rivières, Québec

§       NB – Saint John, Moncton

§       PE – Charlottetown

Centralizing/ Refocusing Corporate Services

Regional corporate and support services will be amalgamated and managed centrally. This means that rather than having stand-alone corporate services staff in each region, the employees and the work they do will be managed centrally. Starting today, HR, Finance, Communications, Administration, and IT and desktop support will report to DGs at NHQ instead of to RDGs.  For those of you in these functions, you will be receiving correspondence from your NHQ DG early next week.

This consolidation will increase efficiency and assist in the creation of common service standards.  The new model will also mean that work from one region can be transferred to another to balance workloads. Consolidating the management of HR, finance and communications functions will standardize internal operations and provide consistency in services. 

Furthermore, all requests for information submitted under the Privacy Act at CIC will be processed at NHQ.  Centralizing privacy requests at NHQ will eliminate a level of management, increase efficiency and consistency by standardizing the process, and improve response times as requests will no longer need to be processed by two offices.

CIC will no longer warehouse and distribute our publications.  Instead we will move this function to the private sector which has greater expertise to manage this service.   It also has a tracking system which is far more sophisticated than ours and can help with inventory management.

We will also contract out file management, storage, disposal and production to reduce the cost of managing paper information to the private sector.  The private sector offers an image on-demand scanning capability that would support our modernization strategy. Furthermore, we will close the current print library at NHQ.  Most employees use the internet and intranet for their research needs and rely less on the library.  Important documents now in the library collection will be housed off site with a private sector provider with clear service standards for retrieval.

Settlement

At the same time, we reviewed some programs to ensure they continue to focus on results and delivering the best value for Canadians.  The Going to Canada Immigration Portal initiative will be discontinued and provinces will be expected to pay for their own immigration Web sites.

CIC will discontinue the contribution funding under the Canada Action Plan Against Racism component entitled the Welcoming Communities Initiative (WCI).  Anti-racism will instead become part of the overall modernized approach for settlement funding.

CIC will take over direct management of immigrant settlement services that CIC funds in Manitoba and British Columbia but which are currently managed by those provinces.  No one at CIC will be declared surplus as a result of this change.

This will create a uniform delivery system for settlement services across Canada, eliminate the transfer for administration of the services, and allow the federal government to manage any unspent funds.  It will ensure that immigrants have access to similar levels and types of services regardless of where in Canada they choose to settle.

Funding for the Interaction project stream is being aligned with actual spending in recent years.  Funding for events in the regions is unchanged.

Modernization of grants and contributions is also moving ahead.  An integrated workforce that brings together all staff managing grants and contributions will allow for more efficient and flexible delivery of all programs, including Multiculturalism.  Harmonized national approaches like the Funding Risk Assessment Model will support streamlining of procedures and a reduction in the burden on staff and recipients alike.  This will allow us to deliver settlement, resettlement and multiculturalism programs in the new regional structure based on a consistent national resource allocation model.

Funding and NHQ support for the participation of provinces/territories and stakeholders in the promotion and recruitment activities for immigration to francophone minority communities will also be discontinued.  The federal government has provided provinces and territories with significant funding to participate in these recruitment activities.  It will now be their responsibility to assume future accountability for their own participation in these events. 

 

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Alberta @ Noon Intervew on April 11, 2012

alberta@noon is "a place to re-connect and engage in smart conversation about what matters to Albertans today."

I was happy to appear and discuss changes to Canada's immigration policy last week with host Donna McElligott.

The interview starts at approximately 26 minutes into the podcast which can be found here:

Calgwildrose_20120411_10328

 

Immigration Criminality

One of the best resources in dealing with immigration criminality is the "Immigration Criminality and Inadmissibility" by Bellissimo and Genova.

Attached is a scan of a relevant table that helps in determining eligibility of rehabilitation.

Download 2012_03_29_13_11_55

Bellissimo and Genova's text is a must for any immigration practitioner that encounters criminality.