Operational Bulletin 305 - May 6, 2011

Processing Appeal Allowed Cases Pilot at the Case Processing Centre-Ottawa

Summary

This Operational Bulletin (OB) will provide information about the new pilot project at the Case Processing Centre – Ottawa (CPC-O). Effective immediately, the processing of a Family Class (FC) Application for Permanent Residence (APR) will resume at the CPC-O following the Immigration Appeal Division’s (IAD’s) decision to allow an appeal from a sponsor.

Issue

This OB provides guidelines for the implementation of a pilot project at the CPC-O to resume processing FC APRs after the IAD has allowed an appeal from the sponsor.

Background

Upon receipt of a Notice of Appeal:

  • As per OP 21, Section 8.3, when a notice of appeal is received, overseas missions must make a copy of the entire file, which must be retained at the mission, prior to sending the original file to Canada.
  • As per RIM 00-27, overseas missions are required to ensure the translation, into one of Canada’s official languages, of only those documents which are relevant to a visa officer’s decision.
  • RIM 00-27 also provides guidance on the translation of relevant documents that are not included on the file. Visa officers can request Locally Engaged Staff (LES) to translate those documents that are relevant to the case and note the translation in the Computer-Assisted Immigration Processing System (much the same way LES translate oral declarations made by applicants at interview).

It is important for visa offices to maintain a copy of the original file and translation of all supporting documents into one of Canada’s official languages so that, should an appeal be allowed, processing can resume at the CPC-O as soon as the file is received.

Please note that the above procedure has not changed with the introduction of this pilot.

Currently, when the IAD allows an appeal, hearings officers of the Canada Border Services Agency (CBSA) send the file to the Department of Foreign Affairs and International Trade for onward transmission to the relevant visa office. Some files arrive at visa offices several months after the IAD has rendered a decision.

As part of its modernization agenda, the Department will implement the procedures below to ensure the rapid resumption of processing FC APRs following an appeal allowed decision.

This pilot project will provide a better understanding of the impact and implications of this new process. At the same time, it will allow CIC to move towards a more flexible processing model that responds to requirements across the network.

Procedures

CBSA hearings officers will now forward all appeal allowed files to the CPC-O at the following address:

Case Processing Centre - Ottawa
Citizenship and Immigration Canada
219 Laurier Avenue West - 7th floor, section B
Ottawa ON  K1A 1L1

The roll-out of the Global Case Management System (GCMS) to all visa offices allows the CPC-O to create and/or resume processing these files. As a result of GCMS, the CPC-O and the visa offices will all have access to the same electronic file information.

A70(1) obliges an officer to respect the decision of the IAD in re-examining an application. Officers must review the application to determine whether the application meets all other requirements of eligibility and admissibility. In some cases, if there are new grounds of ineligibility or inadmissibility, or grounds that were not assessed in the first decision, the application may be refused again.

The implementation of this pilot project will take place in two phases, as detailed below. The procedures will remain in place for at least two years. An assessment of the pilot will be conducted at the end of the first year.

Phase 1 – File Creation
Period: April 2011 to September 2011

Step Action
1 CBSA forwards the paper file to the CPC-O.
2 The CPC-O creates the GCMS file, initiates mandatory checks (security checks only) and forwards the file to the visa office for processing. The CPC-O will not communicate with the client or the sponsor during this phase to avoid confusion for the client.

During Phase 1, the CPC-O will develop quality assurance tools for this pilot and create guidelines to help triage files into different risk categories, with the assistance of Operational Management and Coordination (OMC) Branch and International Region.

Phase 2 – Full Processing of Cases
Period: September 2011 – April 2012

Step Action
1 CBSA forwards the paper file to the CPC-O.
2 The CPC-O creates the GCMS file and initiates mandatory checks (security checks only).
3.a For files with relatively low admissibility risks, the CPC-O will process cases to final decision. Permanent Resident Visas and Confirmations of Permanent Residence will be printed at the visa office. The CPC-O will retain the file.
3.b For files with complex admissibility risks, the files will be sent to the visa office for processing. The CPC-O will not communicate with the client or the sponsor to avoid confusion for the client.

The CPC-O will send a copy of the IAD decision to the relevant visa office for those cases which the CPC-O will process to final decision.

Date Modified: