New for 2024, FIPA conducted a major research activity investigating the exponentially high rates of Access to Information and Privacy requests (“ATIP requests”) received by Immigration, Refugees, and Citizenship Canada (“IRCC”) as compared to all other government institutions. Given broad direction to explore and investigate with extended advisors Jerika Caduhada documented the findings.
According to the Office of the Information Commissioner of Canada’s 2021 Special Report to Parliament, 98.9% of the initial ATIP requests made to the IRCC relate to migrants’ visa applications. Evident in the Commissioner’s report is that migrants experience a profound information gap as they navigate the Canadian immigration system.
This rise in ATIP requests to the IRCC has accompanied a shift in the IRCC’s approach to newcomers. Through the promotion of 2-step immigration programs such as the Provincial Nominee Program and the Canadian Experience Class, more migrants have been admitted into Canada on a temporary basis than as permanent residents since 2006. As of IRCC’s 2025-2027 Immigration Levels Plan, however, Canada has committed to decreasing its number of both permanent and temporary residents, specifically international students and foreign workers. This year’s series of changes to Canada’s immigration programs has exacerbated the precarious conditions that migrants face, leaving many feeling uncertain about their future in the country. Even more uncertainty has followed the recent U.S. election as the threat of mass deportations under Trump is expected to result in a surge of border crossings from the U.S. and into Canada.
FIPA BC’s research makes clear that any meaningful strategy addressing systematized migrant precarity requires both access to information and privacy law and immigration law. Migrants’ rights to information about their visa applications directly relates to their rights to procedural fairness. Allowing migrants more fulsome and timely access to their information as held by the IRCC means allowing them to better advocate for themselves, especially against the biases that still too often colour officers’ decisions on migrants’ visa applications.
The first step in migrants accessing their information is helping them understand that they have a right to access such information in the first place. This October 27, 2024, FIPA BC was able to spread awareness about migrants’ rights to information by participating in Victoria’s first ever Migrant Resource Fair. The event was held in collaboration with various grassroots and non-profit organizations supporting migrants and workers. The event featured information booths with educational resources, distribution of care packages to attendees, free services such as haircuts, massages, immigration consulting, and acupuncture, and live music performances. In addition to funding transportation that allowed migrant workers from Sidney to attend the event, FIPA BC distributed informational pamphlets about making ATIP requests to the IRCC. The event was a huge success, welcoming over 70 migrants from Southern Vancouver Island.
FIPA BC thanks all of the organizations that helped to organize and host the Migrant Resource Fair, and University of Victoria Faculty of Law for supporting this research.
