Annex to the Memorandum of Understanding between the Department of Citizenship and Immigration of Canada and the Canada Border Services Agency and the Department of Immigration and Border Protection of the Commonwealth of Australia regarding the Exchange of Information concerning the Exchange of Information on a Case-by-case Basis

Pursuant to the terms of the Memorandum of Understanding between the Department of Citizenship and Immigration of Canada and the Canada Border Services Agency and the Department of Immigration and Border Protection of the Commonwealth of Australia regarding the Exchange of Information (the “MOU”), signed at Washington, DC on September 6, 2016, the Department of Citizenship and Immigration of Canada and the Canada Border Services Agency (CBSA), on the one side, and the Department of Immigration and Border Protection of the Commonwealth of Australia (DIBP), on the other side, each side hereinafter referred to as a “Participant” and collectively as the “Participants”, have mutually come to the following understanding:

1. General

  1. This Annex has been developed in accordance with paragraph 3(b) of the MOU.
  2. Information exchanged pursuant to this Annex is subject to the terms, including any conditions included therein, of the MOU. Any guidance on the interpretation and application of this Annex is intended to be read in conjunction with the MOU.
  3. This Annex is not intended to create or affect any legally binding rights or obligations between the Participants.
  4. This Annex is not intended to affect the exchange of Information between the Participants under other established exchange of information arrangements or agreements, including other Annexes to the MOU.

2. Purpose

Pursuant to paragraph 3(b) of the MOU, the purpose of this Annex is to establish conditions under which the Participants intend to exchange Information on a Case-by-case Basis to assist in the administration and enforcement of their respective immigration and citizenship laws, including those governing their Refugee Resettlement and Asylum Systems, as described in paragraph 1(b) of the MOU and consistent with their respective domestic laws.

3. Definitions

  1. Definitions in the MOU are incorporated by reference within this Annex.
  2. For the purpose of this Annex, “Case-by-case Basis” refers to an ad-hoc exchange process initiated by a Participant who has reason to suspect that:
    1. a request for Information pertaining to specific persons or entities or pertaining to specific groups of persons or entities may generate Information useful for administering or enforcing its domestic immigration and citizenship laws including those governing its Refugee Resettlement and Asylum Systems; or
    2. the Information is relevant to the other Participant for the purpose of administering or enforcing its domestic immigration and citizenship laws, including those governing its Refugee Resettlement and Asylum Systems.

4. Information to be Exchanged

Information that may be exchanged includes but is not limited to:

  1. a. Name(s);
  2. b. Alias(es);
  3. c. Gender;
  4. d. Physical description;
  5. e. Fingerprints;
  6. f. Photograph or Facial image;
  7. g. Date of birth;
  8. h. Nationality or nationalities;
  9. i. Country of birth;
  10. j. Travel document information, including scans of documents and expiry dates;
  11. k. Immigration or citizenship status;
  12. l. Postal or residential address;
  13. m. E-mail address;
  14. n. Telephone numbers;
  15. o. Marital status and family composition;
  16. p. Location, date and reason fingerprinted;
  17. q. Reference numbers;
  18. r. Country of alleged persecution ;
  19. s. Status of a refugee claim;
  20. t. Relevant medical Information;
  21. u. Documents submitted in support of an application or claim;
  22. v. History of previous application(s) or claim(s), including their type, substance and outcome, relevant to the purpose described in paragraph 2 of this Annex;
  23. w. Travel history, including dates and routes of travel;
  24. x. Date of removal;
  25. y. Criminal history, including convictions, sentences and warrants for arrest, relevant to the purpose described in paragraph 2 of this Annex;
  26. z. Intelligence, relevant to the purpose described in paragraph 2 of this Annex;
  27. aa. Other Personal Information captured as part of an application or claim process, relevant to the purpose described in paragraph 2 of this Annex;
  28. bb. Trend analysis, relevant to the purpose described in paragraph 1 of the MOU;
  29. cc. Statistical data, relevant to the purpose described in paragraph 1 of the MOU.

5. Exchange of Information

Pursuant to this Annex, each Participant may, on a Case-by-case Basis, request Information from or disclose Information to the other Participant for the purpose of administering or enforcing their respective immigration and citizenship laws, including those governing their Refugee Resettlement and Asylum Systems.

6. Designations

The Participants intend to designate officials authorised to exchange Information pursuant to this Annex. The Participants will inform each other In Writing of such designations or any changes. The Participants intend to ensure that all Information exchange, including requests, occurs only between these designated officials.

7. Use and Onward Disclosure of Information

  1. Information, including Personal Information, will be protected by appropriate administrative, technical and physical safeguards, appropriately classified and may only be disclosed to authorised individuals in circumstances consistent with paragraph 6 of the MOU and only for uses that are consistent with the purpose described in paragraph 1 of the MOU and paragraph 2 of this Annex.
  2. For greater certainty, the Participants understand that use or onward disclosure of Information received under this Annex for any other circumstance or purpose is not authorised, except as noted in paragraph 6 of the MOU.
  3. The Participants may disclose Information related to an asylum claim or refugee resettlement application to other institutions, including the Immigration and Refugee Board and the Federal Court of Canada and appellate level courts in Canada and their counterparts in Australia, to further their adjudication or review of said claims or applications, as this is consistent with the purpose described in paragraph 1(b) and paragraph 4 of the MOU.
  4. The Participants intend to collect, use and disclose any Information exchanged pursuant to this Annex in a manner consistent with the MOU and their respective domestic laws, regulations and policies.

8. Retention and Disposal

  1. Pursuant to paragraph 9 of the MOU, the Participants will retain Information exchanged as part of the initial request for Information or obtained as part of these exchanges in accordance with their respective domestic laws, regulations and policies governing retention.
  2. Information that is retained on an electronic or paper case file relating to the individual to whom the Information pertains, because it has ongoing relevance to that file, may be retained as part of that file in accordance with the domestic laws, regulations and policies governing data retention of the Participant that has received the Information.
  3. The Participants intend to dispose of all Information determined not to be of relevance or necessity to the administration and enforcement of their respective immigration and citizenship laws, including those governing their Refugee Resettlement and Asylum Systems, in a timely manner and in accordance with their respective domestic laws, regulations and policies.

9. Compliance and Review

  1. Pursuant to paragraph 11 of the MOU, the Participants understand that the usefulness of the Information exchanged, and the limitations thereof, are subject to their ongoing review and discussion.
  2. The Participants intend to regularly review that Information exchanged pursuant to this Annex is of continued relevance to the purposes identified in paragraph 1(b) of the MOU. The first review may take place no earlier than one year and no later than five years from the date this Annex comes into effect, and as mutually decided upon thereafter.

10. Final Dispositions

  1. The Participants may amend this Annex by their mutual consent In Writing.
  2. Consistent with the MOU, a Participant may terminate its participation to this Annex by giving notice In Writing to the other Participant. Termination will become effective 90 days after receipt of such notice. It is understood that either the Department of Citizenship and Immigration of Canada or the CBSA may terminate its participation to this Annex and such termination will not affect the application of the Annex between the remaining Participants. The Participants may also mutually consent In Writing to terminate this Annex at any time. The Participants understand that paragraphs 6 through 10 of the MOU and paragraphs 7 through 9 of this Annex will continue to apply to any Information exchanged pursuant to this Annex, notwithstanding termination of the MOU.
  3. This Annex to the MOU will take effect upon the date it is signed by all Participants or the date it is signed by the last Participant where the Participants do not sign the Annex on the same day.

Signed in triplicate at Washington, DC, in the English and French languages, each version being equally valid.

For the Department of Citizenship and Immigration of Canada

For the Canada Border Services Agency

For the Department of Immigration and Border Protection of the Commonwealth of Australia

Date Modified: