The IRB did not clarify who its “partners” at intake are. It is presumed that partners at intake refers to
the Canada Border Services Agency. The IRB has implemented UNHCR recommendation #1 and does in
fact collect and record information on individual stateless persons’ country of former habitual residence.
The IRB has mechanisms in place for testing for stateless status that include foreign status verifications
and biometric information, however, the IRB neither explained these mechanisms nor provided
examples.
It is not clear what the IRB means when they “regularly” state the country of nationality of the claimant,
or whether “regularly” implies ‘consistent by way of regulation’, or ‘frequently’.
When asked whether the IRB has developed any new policies on statelessness, or stateless persons
following the 2012 UNHCR report, the IRB responded that it had not implemented any new policies.
Some data collection procedures have changed, however, following the coming into effect of legislation
on December 15, 2012, in that the IRB now collects and reports citizenship data. Demographic data
including age, gender, ethnicity and countries of former residence is available since the implementation
of Bill C-37, however this data was not requested in this study.
Recommendations
The Immigration and Refugee Board should:
1. The IRB must define ‘stateless’ according to international law and include that definition in the
Basis of Claim form.
2. Implement reporting on whether statelessness is a factor in decisions made.
Citizenship and Immigration Canada34
Collecting and Reporting Data
‘Statelessness’ is not defined in the Immigration and Refugee Protection Act but is included as a subcategory in the group defined as ‘foreign national’. Section 2(1): ‘foreign national’ means a person who
is not a Canadian citizen or a permanent resident, and includes a ‘stateless person’.
To the following questions, CIC responded: “the information requested is excluded from the Access to
Information (ATI) Act, but is available at a cost”:
1. Of the refugees selected for settlement under Canada's government sponsored resettlement
programs, how many are recorded as stateless persons for the years 2003 - 2014?
2. Does CIC keep data on unsuccessful stateless refugee applicants to these programs?
3. If so, how many stateless persons are recorded as unsuccessful for the years 2003 - 2014?
34
Data for this study was requested and received from Citizenship and Immigration Canada (CIC) from June 2015 – June 2016, during which
time CIC was changed to Immigration, Refugees and Citizenship Canada (IRCC). For the purposes of this report we will refer to this agency as
Citizenship and Immigration Canada (CIC) when discussing data received, but Immigration, Refugees and Citizenship Canada (IRCC) in our
recommendations
10