Allegations related to a security assessment pertaining to an application for permanent residence: Complaint pursuant to section 41 of the CSIS Act

SIRC investigated a complaint pursuant to section 41 of the CSIS Act in which the Complainant alleged that CSIS made false allegations to a government department pertaining to the security assessment on an application for permanent residence. The Complainant further alleged that there was undue delay in dealing with the process on the application for permanent residence. As part of the security screening process for a permanent residence application, a security screening interview may be conducted by CSIS. The issue on Immigration security screening and CSIS’ mandate was raised with regards to advising the federal government on immigration matters specifically when it comes to providing advice to those government departments, namely the Citizenship and Immigration Canada (CIC) and to the Canada Border Services Agency (CBSA).  

Pursuant to sections 14 and 15 of the CSIS Act, CSIS conducts immigration and citizenship security screening. CSIS then conducts screening verifications. Should there be no adverse information, CSIS provides their response to the department that made the request. If the screening process reveals outstanding concerns in relation to adverse information, CSIS writes a brief and sends it to the appropriate department. The role of CSIS is to provide advice to the government departments involved and information in its possession which may be of interest in making a determination of the admissibility of the person. SIRC investigated and reviewed the advice provided by CSIS.  

SIRC findings  

SIRC found that CSIS did not make false allegations to both CBSA and CIC on the advice provided related to the application for permanent residence. Proper internal policies and procedures as well as the relevant provisions of the CSIS Act were followed.  

On the issue of disclosure, the Complainant alleged that CSIS failed to meet its disclosure obligations to SIRC. SIRC concluded that it is for it to comment on the appropriateness of CSIS disclosure of classified information. SIRC was satisfied that the relevant evidence was properly placed before it.  

With respect to the Complainant’s submissions on the allegation of undue delay, SIRC determined that the screening process was conducted in a timely manner.  

For these reasons, the complaint was dismissed.