April 26, 2024

Bellissimo Law Group’s Advocacy Triumph: Enhancing Transparency, Efficiency and Fairness in Canadian Immigration

Posted by Legal Team - Bellissimo Law Group PC

Bellissimo Law Group PC would like to express our gratitude to the Standing Committee on Citizenship and Immigration for carefully considering and including many of our recommendations in the Report. We are pleased to see that the Committee has adopted several of our suggestions to address the challenges in the immigration system. The recommendations from Bellissimo Law Group that have been adopted by the Committee are as follows:

The need for transparency and accessibility in the immigration system and recommending the recording of interviews for transparency and accountability[1].
The creation of an immigration ombudsperson to address concerns and complaints[2].
The necessity for additional resources and staffing at IRCC to address application backlogs and processing delays[3].
An increase in IRCC’s budget to support the processing of applications and the reduction of wait times[4].
The implementation of best practices and new training for IRCC officers to improve decision-making[5].
The creation of a specific permanent residence portal for caregiver programs to streamline the application process[6].
The removal of the two-year work experience requirement for the Live-in Caregiver Program[7].
Accessibility to officer notes to immigration applicants to ensure transparency and accountability[8].

A few key points in the report:

Mario Bellissimo of Bellissimo Law Group summed up some of the other main issues in regard to transparency at IRCC:

Amongst the greatest challenges facing IRCC that must be acknowledged are the lack of transparency and accessibility. Despite many laudable efforts to modernize the immigration system, there remain significant barriers to communicating with IRCC. The Call Centre has limited utility. IRCC’s on the ground working relationship with authorized representatives, which should expedite processing, is often distant at best. These limits on communication in turn result in delays, litigation, and repeat or incorrectly filed applications, which overwhelm the system.[9]

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Mario Bellissimo agreed that training is required and cited a Deloitte study that determined the Canadian government could “increase efficiency by improving organizational culture and behaviour.”²⁵² According to his brief, Deloitte suggested that IRCC shift to an outcome-driven approach with emphases on training, high-level decision-making, and motivation. He recommended that training for officers in Canada should draw from the Australian example:

Other countries have deemed it necessary to reformulate training of immigration officers. One successful example has emerged from Australia, where a College of Officers of Immigrants was implemented in 2006. The College focused on standardized training for their immigration officers and allowed for specialized training. Through these methods, the College attempted to increase efficiency in application processing. and reduce the number of processing errors made. … [T]he implementation of comprehensive and wide-ranged training should be similarly adopted. The gains from following the Australian model are potentially dramatic. [10]

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Mario Bellissimo had similar arguments in his brief submitted to the Committee and called for real-time access to officer notes:

Substantial time and resources are wasted by applicants, IRCC and even Members of Parliament seeking simple updates on applicant files. … [Access to notes on file] would include information on the stage of processing, place of processing, processing notes, and/or reasons for refusal. Access to notes would allow for concerns to be identified earlier, help preserve the individualization of the process, and act as a second set of eyes for IRCC by those equally interested in the process and the outcome—the applicants IRCC serves. This will in turn support faster processing in certain cases, as issues can be better identified and addressed expediently[11]

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Creation of an Ombudsperson

The creation of an ombudsperson has been raised over the years by various stakeholders, and in his brief submitted to the committee, Mario Bellissimo explains why he thinks the creation of an official immigration ombudsperson is a good idea now and what mechanisms would be required for such an office to successfully carry out its mandate:

There is a need to mandate not only systematic external audits of IRCC programs, but also follow-ups to the results of these audits. While problem areas may be identified in consultation between IRCC and stakeholders, there is no current requirement that these issues be addressed in law or in practice. … To be successful this official must have power and resources.

Any Ombudsperson may be tasked initially with overseeing program improvements, ensuring that changes are maintained and enforced. Efforts may then be made to transform immigration delivery, focusing on the implementation of measures for transparent, responsible, and innovative governance. If properly resourced, an Ombudsperson could be an important part of the solution.[12]

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Recommendation 25

That Immigration, Refugees and Citizenship Canada develop proper criteria that are outlined clearly so that officers and the public can understand how these determinations are made.

Mario Bellissimo of Bellissimo Law Group summed up some of the other main issues in regard to transparency at IRCC:

While there is much work to do and the Report does not address all the concerns raised, these recommendations, once implemented, will contribute to improving the transparency, efficiency, and fairness of the immigration system in Canada.

[Sources]