Processing of Refugee Claims by CIC under the New Legislation

Operational Bulletin 440-G – April 17, 2013 

Summary

On December 15, 2012, the Protecting Canada’s Immigration System Act (PCISA) came into effect. The PCISA ushered in a series of changes to the in-Canada refugee protection system. At about the same time, Citizenship and Immigration Canada (CIC) offices began using the Global Case Management System (GCMS) for processing refugee claims. 

This Operational Bulletin (OB) provides instructions to officers on the ways in which they need to process refugee claims in the new system. This OB also highlights the areas where CIC officers could find the information on using the GCMS.

Background

The Balanced Refugee Reform Act received Royal Assent on June 29, 2010 (as part of Bill C-11). This Act introduced many changes to the refugee protection system. It aimed at:

• Delivering faster decisions
• Acting as a deterrent for abuse and,
• Removing quickly those individuals, who did not require Canada’s protection

OB 222 contains a refresher on these changes brought about by this Act.

The PCISA, which received Royal Assent on June 28, 2012 as part of Bill C-31, introduced another set of reforms. It brought into effect certain changes around the same time or just shortly afterwards. Some of these changes concerned:

• Humanitarian and Compassionate (H&C) applications and,
• Pre-Removal Risk Assessments (PRRA)

OBs 440-A, 440-D and 440-H contain further information on this.

Another set of provisions introduced by the PCISA came into effect on December 15, 2012. This legislation made certain amendments to the Immigration and Refugee Protection Act (IRPA). In particular, it introduced several changes to the manner in which officers processed eligible refugee claims. At the same time, CIC offices began using the GCMS to process refugee claims. Earlier, CIC offices had been using the Field Operations Support System (FOSS) for processing refugee claims.

The New Forms 

CIC Forms

Claimants ceased using the IMM 5611 for refugee claims effective December 15, 2012. Instead, they began completing the following forms:

• The Generic Application Form for Canada (IMM 0008)
• The Additional Dependents / Declaration (IMM 0008DEP)
• Schedule A – Background / Declaration (IMM 5669)
• Schedule 12 – Additional Information – Refugee Claimants Inside Canada (IMM 0008 – Schedule 12)

Officers would need to provide a copy of each of the above-mentioned forms to:

• The claimant and,
• The Immigration and Refugee Board’s Refugee Protection Division

This step remains the same as it used to be when claimants used the IMM 5611.

Immigration and Refugee Board of Canada (IRB) – ‘Basis of Claim’ Form

The authorities have replaced the IRB’s Personal Information Form (PIF) with the Basis of Claim (BOC) form. 

The BOC has certain important procedural differences associated with it. These include:

• The fact that currently, only port of entry claimants would need to submit their completed BOC directly to the RPD
• Earlier, all claimants bore the responsibility for submitting their completed PIF directly to the Refugee Protection Division (RPD)
• The stipulation that all port of entry claimants would need to submit their BOCs within 15 calendar days
• Earlier, claimants could submit the PIF within a 28-day submission deadline

When inland claimants meet the inland officer, they must provide the inland officer with:

• The completed BOC and,
• Other refugee intake forms 

If the officer refers the claim to the RPD, the officer would need to provide the original BOC to the RPD. In addition, the officer would need to courier the BOC, as well as any other required documents, on a daily basis. Officers staffing smaller offices could courier the BOCs and other documents on every second day.

The Process of Scheduling Appointments at Inland CIC Offices

Officers would need to give applicants the Claiming Refugee Protection from Inside Canada handout if the person:

• Indicates a need for refugee protection and,
• Has not yet completed the above-mentioned forms

The Claiming Refugee Protection from Inside Canada handout:

• Lists the documents required by the individual for submitting a refugee claim
• Provides the necessary website links to the relevant CIC and IRB forms

Therefore, officers would need to ask the person to:

• Complete the forms using a computer (if at all possible) and,
• Print the forms once completed

Experts believe that using a computer would result in:

• More efficient interviews and,
• A lesser number of data entry errors

When the claimants return with their forms, the office staff would need to verify that the forms are complete (or nearly complete). At this point, the office staff could schedule the claimant’s interview. The CIC would need to retain the completed forms, when it schedules an appointment.

A properly completed, validated and printed IMM 0008 would include a 2-D barcode. This would enable CIC staff to scan the data into the GCMS. This would result in the creation of the claimant (a client) and the claimant’s application. This would also save the CIC staff time for entering the data into the system.

Officers would need to complete a GCMS search by the name and the date of birth of the client. Officers do this once an office is ready to schedule an appointment.

• In case the officers do not find the claimant in either the GCMS or FOSS:
• The officers would need to create the claimant as a client
• In case the officers find the claimant only in FOSS:
• The officers would need to import the person’s file from FOSS into GCMS
• This is in accordance with the current instructions
• In case the officers find the claimant in the GCMS or have recently imported the person’s file from FOSS:
• The officers would need to create a refugee claim application
• For this, they require minimal information like the:
• Type of application and,
• Received date

Once the officers create the client and the application, they would need to schedule the prospective claimant for their intake interview in the GCMS. This is especially so if the authorities cannot see the clients immediately. Officers could also enter the data from the client’s completed forms into the GCMS. Officers could do this prior to the interview.

Note:

• CIC will not accept any mailed-in forms
• If CIC officers receive any mailed-in forms, they would need to:
• Return them and,
• Inform the client that the client needs to bring the forms to a CIC office in person
• Refer to the template letter officers would need to issue the client in this situation (given at the end of this document)
• Officers would not ask claimants to undergo their Immigration Medical Examination prior to their eligibility decision
• This is in accordance with an Order in Council, dated June 30 2012, which respects the Interim Federal Health Program (IFHP)

Intake Appointment

The advent of the new system has not changed the procedures concerning processing of claimants at the interview significantly. Officers would need to refer to the GCMS workbook, if needed. The GCMS workbook carries detailed steps on how the officers would need to process refugee claims in the GCMS. 

The staff would need to check the GCMS. This would help them verify whether any officers processed any temporary resident applications in the GCMS for the claimant. If they find this to be the case, they would need to:

• Generate a GCMS information request for the application and,
• Provide this request to the IRB

This would negate the need for the IRB to contact missions for searching for previous visa applications.

In FOSS, officers did not need to record the outcome of all criminality checks conducted as part of the refugee claimant intake process. However, that is not the case with the GCMS. Here, officers would need to record the outcomes of all criminality checks. This is especially so if the criminality checks form part of the refugee claimant intake process. The officers would need to pass the criminal clearance activity in case they find no adverse information:

• In the Canadian Police Information Centre (CPIC) check or,
• Received from various other sources

Officers have the authority to take an eligibility decision. However, they can only do this once they have entered all the information into the GCMS. They would need to refer to Section 4 of the IRB’s Hearing Booking Tool if they find a claim to be eligible. This tool would help them obtain:

• The date of the claimant’s RPD hearing and,
• The hearing abandonment date

Usually, there would only be one date per family.

Officers would need to enter this information into the GCMS. In addition, the officers would also need to scan the BOC. Thereafter, they would need to save the BOC to the GCMS as an incoming document on the application. Officers would only be able to trigger the security check once they have completed these activities.

Thereafter, the officers can take a final eligibility decision on the application. This would trigger the creation of the relevant documents like:

• The IMM 1017 – Medical Report
• The Refugee Protection Claimant Protection Document (RPCD)
• The Eligibility Decision
• The A44 Report
• The Departure Order and / or,
• The Notice to Appear

The officers would need to print or finalise all these documents. Once they have completed this, the system will:

• Automatically close the application and,
• Download the relevant information to FOSS

Officers would need to give an IRB ‘Claimant’s Kit’ to claimants, whose claims are eligible. The IRB would provide the stocks for these kits. The CIC inland offices would receive Claimant’s Kits that are missing a BOC. This is because the claimants would already have completed the BOCs. (Refer to the Notes given below.) 

In situations where the claimant completes the interview, the officers would need to process certain activities. For example, they would need to scan most of the forms, travel documents, identity documents etc. Then, they would need to save these scanned documents into the GCMS. The officers would also need to move the documents to the shared electronic file folder, wherever applicable (refer to the Table below). Other officers could then refer to these documents at various stages, thereby reducing the volumes of files transferred. Typically, the officers referring to these documents would comprise officers belonging to:

• The CIC and,
• The Canada Border Services Agency (CBSA)

Situations could arise where the officers receive packages comprising various items and copies. Officers would need to courier these packages to the RPD, especially if they include items or copies of:

• The Generic Application Form for Canada (IMM 0008)
• Schedule A – Background / Declaration (IMM 5669)
• Schedule 12 – Refugee Claims Inside Canada (IMM 0008 – Schedule 12)
• The Basis of Claim (this must be the original version)
• The Notice to Appear
• Client Photos (claimants would need to staple these to the back of the principal applicant’s IMM 0008)
• Identity documents
• Travel documents
• Visa office file information (if applicable) and,
• Any other documents submitted 

Note:

• The Claimant Kit contains a ‘Notification of Contact Information’ form
• It could appear that in all cases, claimants would need to complete and submit this form to the IRB within 10 days
• However, claimants would only need to complete and submit this form, if the claimants:
• Were unable to list an address on their other forms or,
• Had gone through a change of address
• Claimants do not need to affix a photo to the IMM 1017
• This is because the officers instruct clients to bring the following documents to the panel physician for identity verification purposes:
• The RPCD and,
• Their photos
• Officers would need to courier the packages mentioned above to the RPD on a daily basis
• Officers staffing smaller offices would need to courier the packages mentioned above to the RPD every second day

The Table for Saving or Attaching Documents to the GCMS

Item	Scanned onto the Computer?	Saved or attached to the GCMS?	Scanned into GCMS by its 2-D bar code (if applicable)?	Moved to the shared electronic file folder?   (For claims referred to Toronto RPD)   (See Notes)	Moved to the shared electronic file folder?   (For claims referred to other RPD offices)
IMM 0008	Yes	Yes – Application Incoming Correspondence	Yes	No	Yes
Schedule A and Schedule 12	Yes	Yes – Application Incoming Correspondence	NA	No	Yes
Basis of Claim Form	Yes	Yes – Security Screening sub activity	NA	No	Yes
Identity and Travel documents	Yes	Yes – Client documents	NA	No	Yes
Officer notes (if applicable)	Yes	Yes	NA	No	Yes
Visa Office file (if applicable)	Yes	GCMS document	NA	No	Yes

Note:

• Officers do not need to electronically share the claims referred to the Toronto Refugee Protection Division (RPD) with the CBSA
• This is because the CIC’s Reviews and Interventions Unit in Toronto would complete the triage, using the GCMS record 

Once the officers have completed the above, they would need to place the following documents in the client’s physical files:

• The original IMM 0008
• The original IMM 5669 and the original IMM 0008 – Schedule 12
• A copy of the Basis of Claim form
• The signed copy of the RPCD
• The Use of a Representative (IMM 5476)
• The Interpreter Declaration (IMM 1265)
• The Terms and Conditions
• The Notice of Seizure
• The client photo
• The fingerprint record, if completed via Livescan
• A copy of the ATIP Report (if the claimant has a Temporary Resident Visa) and,
• Seized travel and identity documents 

The New Field Operations Support System (FOSS) Fields

The officers of the CBSA would continue to process refugee claimants in FOSS in the new system. On December 15, 2012, the changes to FOSS required officers to support the Balanced Refugee Reform Act (C11). Therefore, the authorities deployed the PCISA (C31) to the FOSS Production Database. Thereafter, the authorities have made significant changes to the Record of Refugee Claim (RR) Screen, among others.

The list of changes made by the authorities include:

• Fields in which officers could record whether:
• The claim was made at a port of entry
• The claimant is from a Designated Country of Origin (DCO)
• The claimant is a designated foreign national (part of a designated irregular arrival)
• New Travel Document-related field that allow for additional information such as document number and country of issue
• These could assist officers later, when they need to make removal arrangements
• New Unaccompanied Minors fields and values
• These would include fields where officers can record the name and contact information, especially with respect to the organisation or person(s) involved in the guardianship of these minors
• New fields that would help the RPD for arranging the hearing
• These would include fields where officers could flag whether the claimant would require an interpreter or special accommodations, among other related details
• New fields for indicating the date on which a claimant would need to report to the IRB for a special (abandonment) hearing, should the claimants fail to:
• Attend their RPD hearing or,
• Submit a completed BOC on time (for port of entry claims)
• An Intervention Consideration field, which officers could use when they feel that they have valid grounds for exploring the need for an intervention

Situations could emerge where officers need:

• Specific information on all of the above or,
• Specific information on various other FOSS changes

For guidance on these, officers would need to consult the Refugee Reform FOSS Release Notes.

Note:

• Officers have the authority to issue departure orders from the GCMS
• However, they can only issue exclusion and deportation orders from the FOSS
• This could result in scenarios where the GCMS has the client information, while the officers issue the exclusion or deportation order via FOSS
• Therefore, the authorities have planned to make a provision for standalone enforcement in the GCMS in a future release 

The New Timelines for Refugee Protection Division (RPD) Hearings

One of the objectives of the new legislation is that RPD hearings would take place under shorter timelines. However, this would depend on:

• Where the claimant makes the claim and,
• Whether the claimant belongs to a designated country of origin or not 

The table below lists the new timelines.

Location of Refugee Claim	Claim Type	RPD Hearing will take place no later than
Port of Entry	Claimant from a Designated Country of Origin (DCO)	45 days after the day on which the officers refer the claim to the RPD
Inland Office	DCO	30 days after the day on which the officers refer the claim to the RPD
Port of Entry or Inland Office	Non-DCO	60 days after the day on which the officers refer the claim to the RPD

The Hearing Booking Tool

Officers would have the responsibility for scheduling RPD hearings in the new system. For this, they would need to use the IRB’s web-based Hearing Booking Tool (HBT). Therefore, officers of the CBSA as well as the CIC would need to heed the following instructions. They would need to:

• Ensure that all associated family members’ files are together, along with the principal claimant’s file that they are referring to on that specific day
• Log on to the Hearing Booking Tool
• Click on the tab ‘Book a Hearing’
• Enter the FOSS id of the principal claimant only (as the appointment provided would apply to the entire family)
• Select either ‘POE’ or ‘Inland’
• Select either ‘Yes’ or ‘No’ for the Designated Country of Origin (DCO) (refer to Note below)
• Select the Hearing Location City after verifying with the claimant about where the claimant plans to reside in Canada (in accordance with Rule 3 (3) a of the RDP)
• Select the Language of Preference by verifying with the claimant whether they want their hearing in English or in French
• Select the date that fits the counsel’s availability (if a counsel is representing the claimant)
• Select the 30^th, 45^th or 60^th date as applicable, in case:
• The counsel’s availability does not coincide with any of the available dates or,
• If a counsel is not representing the claimant
• Selecting the nearest earlier date (for example, the 29^th or the 28^th day etc.) in case none of the above-mentioned dates are available
• Select the tab ‘Confirm Booking’
• This action would only reserve the room for the hearing
• It does not schedule the claimant(s)
• Print the Hearing Appointment sheet for reference and for keeping it on file, when they enter dates into systems for the:
• Principal claimant and,
• All the associates of the principal claimant
• Record the following in the computer system, while proceeding with the referral including:
• Indicating whether the claimant has any special needs (in accordance with Rule 20 (1) of the RPD)
• Indicating whether the claimant requires an interpreter
• Entering the Hearing Date booked (refer to Hearing Appointment sheet)
• Entering the Abandonment Date for Failure to provide BOC (refer to Hearing Appointment sheet)
• This is only applicable for Port of Entry cases
• Entering the Abandonment Date for Failure to appear at hearing (refer to Hearing Appointment sheet)

Note:

• Situations could arise where any one family member of a family unit is a DCO claimant
• Therefore, officers would need to select ‘Yes’ for the principal applicant for the purposes of using the HBT (regardless of whether the principal applicant is the DCO claimant or not)
• However, officers would need to flag each individual member of the family correctly (as to whether the member is or isn’t a DCO claimant) on the FOSS or the GCMS

The Notice to Appear

The officers would need to enter all of the above-mentioned dates into the system. Thereafter, the Notice to Appear would contain the new dates as follows:

• The RPD Hearing Location, Date and Time and,
• The Date of Special (Abandonment) Hearing (applicable if the claimants fail to appear for their hearing)

In Port of Entry cases, the Notice to Appear would also contain the following:

• The Notification that the claimant has 15 days for submitting the BOC form to the RPD and,
• The Date of Special (Abandonment) Hearing (applicable if the claimants fail to submit their BOC on time)

The Designated Countries of Origin

The new legislation authorises the Minister to identify Designated Countries of Origin (DCO). DCOs are countries that:

• Do not normally produce refugees and,
• Are widely renowned the world over for:
• Being respectful of human rights and,
• Offering state protection

The new legislation has brought about certain changes in the way that DCO claimants would need to follow, when they proceed through the refugee protection system. Among these changes, the DCO claimants:

• Would not be able to apply for a work permit unless or until:
• The RPD approves their refugee claim or,
• 180 days have elapsed and the authorities have still not heard their claim
• Would have their RPD hearing much sooner than the other claimants (refer to the table above for the new timelines prescribed)
• Would not have access to the IRB’s new Refugee Appeal Division
• Would not be able to apply for a PRRA until 36 months have elapsed since the rejection of their refugee claims (Non DCO-claimants only face a 12-month bar)
• Would not have an automatic stay of removal when they seek a judicial review 

The authorities would consider a person as being a DCO claimant if the person is:

• A citizen of a designated country or,
• A national of a designated country

This is regardless of whether the person claims against that particular country or not. In addition, the authorities would establish the person’s country of nationality based on:

• The documentation provided by the person or,
• The declarations provided by the person

Officers would need to refer to the updated list of DCOs on the CIC website, in case of doubt.

Officers would need to flag DCO claimants by indicating a ‘Y’ in the DCO field. Officers could come across situations where in a family unit, not all family members are DCOs. In this scenario, officers would need to flag only those members who are DCOs. 

However, the principle would differ when officers use the Hearing Booking Tool. When they use the Hearing Booking Tool, officers would need to schedule the hearing, based on the DCO or non-DCO status of the principal applicant. Doing this would ensure that the authorities would hear the family’s claims together. That too, under the shorter DCO timelines. Family members, who are not DCOs, would continue to have access to the RAD. 

The Designated Irregular Arrivals or Designated Foreign Nationals

The new legislation authorises the Minister of Public Safety to designate an arrival of persons in Canada as an irregular arrival. The Minister of Public Safety would resort to this when, with regards to the public interest, the Minister believes that:

• The authorities cannot conduct the examinations of the persons in the group in a timely manner or,
• These examinations would be for the express purpose of:
• Establishing the identity of the persons involved in the arrival
• Determining the inadmissibility of the persons involved in the arrival or,
• Any related investigations concerning persons in the group
• There are reasonable grounds for suspecting that, in relation to the arrival of the group, that there has been or will be a contravention of subsection 117 (1) related to organised human smuggling:
• For profit
• For the benefit of a criminal organisation or terrorist group
• At the direction of a criminal organisation or terrorist group or,
• In association with a criminal organisation or terrorist group

When the authorities make a designation, the foreign national (who is part of the group whose arrival is the subject of the designation), becomes a Designated Foreign National (DFN).

The designation would apply to all foreign nationals arriving as part of a designated arrival. The sole exception to this would be:

• Foreign nationals referred to in Section 19 of the IRPA and,
• Foreign nationals who have the required documentation to:
• Enter Canada and,
• Satisfy the officers that the foreign nationals are not inadmissible to Canada

This is in accordance with subsection 20.1 (2).

Designated Foreign Nationals cannot apply for Permanent Residence (PR) after the authorities confer the status of refugee protection on them. Instead, they are not eligible to apply for Permanent Residence for a period of at least five years, up to a maximum duration of six years. The five-year bar applies to all applications for permanent residence by DFNs. These would include applicants submitted via other immigration streams too, including:

• The family class and,
• Humanitarian and compassionate consideration

Officers would need to key in certain details for foreign nationals, who were a part of a designated irregular arrival, into the FOSS and the GCMS. The subsequent sections cover these details.

The Field Operations Support System (FOSS)

CBSA FOSS users would need to enter a Non Computer-Based entry (NCB) in FOSS (Type 46 – Designated Foreign National). This would include the following details:

• The date the Minister designated the applicant as an irregular arrival and,
• The applicant would not be able to apply for permanent residence for at least five years after the day:
• When the authorities make a final decision, including:
• The Refugee Protection Division (RPD)
• The Refugee Appeal Division (RAD) or,
• A Federal Court (FC) decision on the claim for – depending on whichever is the latest:
• Refugee Protection or,
• PRRA
• Or, in the absence of a final decision, when the authorities made the designation

The Global Case Management System (GCMS)

Officers would need to enter the Special Program Code on the application. They could refer to OB-440D for more details.

The Refugee Claim Inability Under A101 (1) (f)

Prior to December 15, 2012, the authorities considered a refugee claim made by a person inadmissible due to an in-Canada conviction as eligible. The only exception to this was a situation where the conviction resulted in the individual going through a prison sentence of at least two years. 

Similarly, the authorities considered a refugee claim made by a person inadmissible for a conviction outside Canada as eligible. The only exception to this was a scenario where the Minister was of the opinion that the person was a danger to the public in Canada.

These modifiers ceased to exist effective December 15, 2012. Currently, the authorities consider a refugee claim to be ineligible if:

• The claimant is inadmissible on grounds of serious criminality because of a conviction in Canada, which is punishable by at least 10 years
• This does not take into consideration any prison sentence that the claimant receives (if any)
• The claimant is inadmissible on grounds of serious criminality because of a conviction outside Canada, which is punishable by at least 10 years if it had been committed inside Canada
• In this scenario, the authorities do not need to seek a danger opinion

As per the existing process, when a claimant appears to be inadmissible for serious criminality, the officer would need to:

• Prepare an A44 report
• Refer the report to the Immigration Division and,
• Suspend the claimant’s consideration of eligibility in accordance with A100 (2)

Thereafter, whenever the authorities determine that the client is inadmissible, the officer would determine the person’s claim as being ineligible too.

As was the case earlier, the authorities entitle persons whose refugee claims are ineligible under A101 (1) (f) to a PRRA. However, certain amendments made recently have created some important distinctions. These distinctions have amended the manner in which officers would assess these applications. For further details on this, officers would need to refer to OB 440-H. 

The Interventions

The Ministerial Intervention program has certain objectives. These include:

• Ensuring that specific persons do not benefit from Canada’s protection such as serious criminals and security threats
• Maintaining the integrity of the refugee determination system and,
• Ensuring that the Refugee Protection Division has comprehensive information for its refugee hearings

For the most part, refugee hearings are non-adversarial in nature. Hearings Officers (of the CBSA) or Senior Immigration Officers (of the CIC) have the authority to take the decision for intervening in a hearing. They can do so when they review the refugee claim file. The officers of the CBSA or the CIC can file an intervention on the Minister’s behalf if:

• They have information that the IRB is unaware of or,
• If they come across questions or concerns raised with respect to:
• Criminality
• Security
• Fraud
• Credibility or,
• Program integrity

Situations could arise where refugee intake officers believe that a claim could warrant intervention by either the CIC or the CBSA. In such a scenario, these refugee intake officers would need to indicate their concerns in their respective computer systems. These would be:

• The “Possible Intervention” in the GCMS and,
• The “Intervention Consideration” in the FOSS

Thereafter, these refugee intake officers would need to transfer the file to the triage office, closest to the city, where the authorities would hear the refugee claim.

The CIC would intervene in cases involving credibility or program integrity issues. The CBSA would likewise, bear the responsibility for cases involving criminality or security issues. The CBSA is also responsible for cases that involve:

• Credibility and program integrity issues
• Criminality and security issues (for hybrid cases) and,
• Any detained cases (where in the present or in the past)

The CBSA can deal with these cases, regardless of their grounds. The refugee intake officers would need to transfer the file to the triage office, closest to the city, where the authorities would hear the refugee claim.

The Hearings Officer or Senior Immigration Officer would review the file. They would determine whether they would need to intervene or not. Therefore, the refugee intake officers would not need to determine whether the information or evidence is sufficient for warranting an intervention. Instead, these refugee intake officers would need to examine whether the claim raises any issues concerning:

• Credibility
• Program integrity
• Security or,
• Criminality

If they find that the claim raises any of these concerns, they would need to examine the claim further.

The triage officers would handle referrals from refugee intake officers on a priority basis. The refugee intake officers would refer cases to the CIC or CBSA office for possible intervention based on the types of cases given below.

CBSA Jurisdiction	CIC Jurisdiction
Criminality Issue	Possible status in third country
Security Issue	Multiple nationalities
Possible War Crimes Issue	Possible multiple identities
Possible Organised Crimes Issue	High profile case (with no criminality or security issue)
Irregular Arrival (i.e. the claimant is a designated foreign national)	Previous Canadian immigration history (e.g. visa related information, previous misrepresentation etc.)
Detained individual	Initiation of claim more than six months after entry to Canada
	Major discrepancies in the claimant’s allegations or documents
	The claimant appears to be making a claim for accessing benefits e.g. urgent IFH coverage requested during or before the eligibility interview

 

In these cases, officers would need to identify potential cases for intervention. Therefore, they would need to check the “Intervention Consideration” field in the FOSS (or the “Possible Intervention” field in the GCMS. Thereafter, they would need to choose one of the following values:

• 1F (a) War Crime/Humanity
• 1F (b) Serious Crimes Abroad
• 1F (c) Acts contrary to UN
• 1E Protection of other country
• Program Integrity
• Credibility or,
• Other (two or more of the above)

After this, the officers would need to ensure that they transfer the information collected along with the file to the appropriate CIC or CBSA triage office. For this, they would need to upload all documents and send them via the electronic file sharing mechanism. The CIC would post further details on CIC Interventions on the CIC’s new functional guidance pages. Officers would need to refer to ENF 24: Ministerial Interventions. This contains more information on CBSA interventions.

The Revised Counselling Pamphlet

Officers would need to give refugee claimants the Information Pamphlet for Refugee Claimants. This pamphlet contains important information concerning IFHP coverage, work permits etc.

The Sample Template Letter for Persons Who Mail their Refugee Forms to Citizenship and Immigration Canada (CIC)

[Insert date]

Name of client:
FOSS ID #:

Dear Sir/Madam:

On DATE, we received your mailed-in refugee application. Citizenship and Immigration Canada (CIC) does not accept refugee applications by mail. As a result, your application is being returned to you.

To claim refugee protection in Canada, you must do the following:

• Complete the forms found at the following website www.cic.gc.ca/english/refugees/inside/apply-how.asp;
• Complete the Basis of Claim form, found on the Immigration and Refugee Board of Canada’s website www.irb-cisr.gc.ca/eng/tribunal/form/Documents/boc_fda_e.pdf provide link here;
• Print a copy of each completed form, and bring them, in person, to the local CIC office closest to you. Please refer to this link to find out where you can go to make your claim www.cic.gc.ca/english/information/offices/help.asp.

Once the office has verified that your forms are complete, you will be scheduled for an interview with a CIC officer. At this interview, your refugee claim will be received by an officer who will determine if your claim is eligible to be referred to the Refugee Protection Division of the Immigration and Refugee Board of Canada.

Should you have any questions about this process, please refer to our website www.cic.gc.ca or contact our Call Centre at 1-888-242-2100.

Sincerely,

Signature of CIC official

 

Source: Citizenship and Immigration Canada (CIC)