Immigration
Control
(IC)
Manual-
Chapter
1-
Security Screening
Process
Manual
Protected B
7.3
Tools available
to
IRCC
officers
There are a number
of
classified and open source tools available
to
assist IRCC officers
in
making a determination regarding inadmissibility pursuant to section(s)
34,35
and/or 37
of
IRPA. Tools include GCMS, the updated Immigration Control Indicator manual (lC 2), the
CBSA intranet and the Internet (for additonal information on screening tools, refer to
Appendix B
of
this manual chapter).
8.
Security screening: roles
and
responsibilities
The roles and responsibilities
of
the departments and agencies involved
in
the security
screening process are as follows:
8.1
Mandate:
Immigration,
Refugees
and
Citizenship
Canada
Immigration, Refugees and Citizenship Canada (IRCC) officers review applications for
temporary and permanent residence to ensure applications are complete and to make
admissibility and eligibility decisions.
When warranted, officers refer applications in accordance with instructions provided
in
this
manual to the CBSA and screening partners for security screening. Taking into
consideration all available information, officers decide whether
or
not to issue a temporary
or
permanent resident visa, as the case may be.
8.2
Mandate:
National Security Screening Division
at
the
CBSA
The National Security Screening Division (NSSD) screens applicants for temporary and
permanent residence and refugee protection claimants for possible involvement in activities
that would render applicants inadmissible to Canada pursuant to section(s) 34, 35 and/or 37
ofIRPA.
The NSSD conducts research using open source and classified information. Based on a
thorough analysis
of
all available information, the NSSD develops inadmissibility
recommendations that are provided to IRCC decision makers to support their determination
on admissibility.
For
questions related
to
security
c;c;reening
referrals, officers may contact the NSSD via
8.3
Mandate:
Canadian
Security Intelligence Service (CSIS)
CSIS provides advice on threats to the security
of
Canada
in
accordance with Section
14
of
the CSIS Act to the CBSA and IRCC to assist
in
the exercise
of
duties and functions
in
accordance with IRPA, particularly as
it
relates to current national security concerns
pursuant
to
paragraphs A34(1)(a), (c), (d) and
(t)
ofIRP
A.
Section 2
of
the CSIS Act defines threats to the security
of
Canada as follows:
(a)
espionage
or
sabotage that is against Canada
or
is
detrimental to the interests
of
Canada
or
activities directed toward
or
in
support
of
such espionage
or
sabotage,
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Immigration
Control
(IC)
Manual-
Chapter
1-
Security
Screening
Process
Manual
Protected
B
(b)
foreign influenced activities within
or
relating to Canada that are detrimental to the
interests
of
Canada and are clandestine or deceptive
or
involve a threat to any person,
(c)
activities within or relating to Canada directed toward
or
in
support
of
the threat
or
use
of
acts
of
serious violence against persons
or
property for the purpose
of
achieving a
political, religious or ideological objective within Canada
or
a foreign state, and
(d)
activities directed toward undermining by covert unlawful acts;
or
directed toward or
intended ultimately to lead to the destruction
or
overthrow by violence of, the
constitutionally established system
of
government
in
Canada,
but does not include lawful advocacy, protest
or
dissent, unless carried on
in
conjunction
with any
of
the activities referred to
in
paragraphs
(a)
to
(d).
The decision
to
issue or refuse a temporary
or
permanent resident visa rests with IRCC
officers.
Note: CSIS focuses on present and potential future threats to the security
of
Canada only
and does not provide advice with respect to an applicant's admissibility to Canada.
Note: Notwithstanding a final determination by IRCC decision makers to issue a
temporary
or
permanent resident visa, CBSA Border Services Officers (BSO) must be
satisfied that an individual is not inadmissible before granting entry into Canada. [Status and
authorization to enter: Subsection 2 I
(I)
ofIRP
A for permanent residents and subsection
22(
I)
for temporary residents].
9.
Screening guidelines - general
--
9.1
Decision
makers
must
explore all
grounds
of
inadmissibility
•
When reviewing applications, IRCC officers should consider all
of
the inadmissibility
provisions under IRPA.
•
Officers should concurrently evaluate applications
in
relation to inadmissibility with
respect to section 36 (serious criminality and criminality), section 38 (health grounds),
section
39
(financial reasons), section 40 (misrepresentation), section 4 I (non-
compliance with IRPA) and section 42 (inadmissible family member).
Note:
If
inadmissibility pursuant to section 36, 38, 39, 40, 4 I and/or 42
is
determined,
Note:
11
a security screening referral has already been sent, officers should cancel the
request.
-""
-
-
...
9.2
Mandatory
screening
referrals
For applicants who are not inadmissible pursuant to sections 36, 38, 39, 40, 4 I and/or 42
of
IRPA,
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