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Proof of CBSA tracking exits! Air Canada Case! International flight to Europe!

Bs65

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Mar 22, 2016
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This flight manifest example as I read shows the passenger started their trip in Boston, transited YUL on their way to Brussels. So whilst it captured an exit from Canada by default as I read it, it also captured an entry into Canada which is CBSAs primary mission/interest for this passenger, not necessarily the exit which here was picked by default given on the same ticket.

Anyway that detracts from the point being made in that if someone is intent on finding the information they can assuming they know the process as per this link although as said focussed on entry not exit although expect these days they, CBSA, have access to both.


https://www.cbsa-asfc.gc.ca/security-securite/api_ipv-eng.html

https://www.cbsa-asfc.gc.ca/agency-agence/reports-rapports/pia-efvp/atip-aiprp/thr-rav-eng.html
 
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scylla

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Official Proof of Exit from Canada to International location other than USA

Air Canada Case. Tracked year 2011.


Scanned images:

Flight from Trudeau airport Ontario, Canada to Brussels, Europe.

https://hasbrouck.org/documents/AC/CBSA-response.pdf

Thanks for watching..
Exits have been tracked for years. My husband had an incident back in 2009 with CBSA that clearly showed they had access to all of his entries and exits involving Canada (even without passport stamps).
 
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dpenabill

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Note too there are differences in who captures what information, what record there is of the information, and how it is stored, how it is accessed, who has access and under what conditions, and the way it is accessed.

As referenced in linked web pages above
the information CBSA captures, maintains as a "record" as such, or can access, varies . . . including relative to things like mode of travel and status of traveler.

The CBSA Travel History, for example, tends to be in a silo of its own, of sorts, the information that is captured, stored, and accessible, consists of specific fields for which a report can be generated relative to particular individuals. Thus, for a particular "client" (anyone who has been processed in any way in the immigration systems), a report can be generated containing all this information in this silo relating to that client. This is the client's so-called "Travel History."

That barely scratches the surface of what other information has been captured and stored regarding any particular client. It gets complicated, very complicated. A few years ago I shared some research into a remarkably large number of databases maintained just by CBSA and CIC (before the transition to IRCC), and about how many of the databases were linked, overlapped, or otherwise facilitated sharing information. No time to go back and find that research let alone revisit and update it. I am quite confident the scope of information captured, stored, and shared has increased substantially in the intervening years.

In any event, a key element in this is that IN ADDITION TO INFORMATION IN ANY PARTICULAR SILO, there are protocols for accessing other information which has been captured and stored. Some access is virtually available to prescribed personnel at-will. An officer at a PoE can readily access a client's FOSS, GCMS, even CAIPs records, which in turn facilitate access into other records such as criminal name-history records for the client in either U.S. databases (NCIC/FBI) or Canadian (RCMP). Otherwise access is restricted, with varying degrees or levels of restriction.

A typical ATIP application to CBSA or IRCC will NOT result in a report which includes, for example, the client's name-record criminal history information, even though that information is readily accessible to officers and processing agents in CBSA and IRCC. This is merely one small example.

The point of this is that there can be a HUGE difference in what information CBSA or IRCC accesses versus what it has in individual silos, like the Travel History, like the record or file for processing a particular application (PR card renewal for example). There is a lot of additional information stored in government databases which can be summarily accessed . . . albeit there are of course ethical and privacy policies which specify the circumstances in which an agent or officer can access the information . . . just because a CBSA officer has virtually unrestricted access to client information, it would be improper for the officer to access someone's information unless there is an official reason for doing so (it would be improper to arbitrarily access the system to check on his daughter's boyfriend, for example). Then there are levels of access, some conditioned on the level of authority the officer or agent has, some conditioned on the reason for accessing the information, some require sending a formal inquiry to another agency, some require making a formal request (including statement of grounds) for an investigation.

Thus, as I am wont to do, I have taken the LONG WAY around to an observation I have made many times before: What information IRCC typically reviews in the ROUTINE case is one thing. What information it can access and review pursuant to making additional inquiry or even investigation is WAY, WAY more.

This is NOT to say IRCC has a crystal ball. IRCC is NOT all-knowing, not by a long shot. BUT IRCC's capacity to find information tends to be far greater than many apprehend. A lot tends to fly by under the radar. But if a client is on their radar for some non-routine reason, the breadth and depth of what IRCC can find out should not be underestimated.

Another important aspect of this is to understand how IRCC uses such additional information. It mostly focuses on discovering possible discrepancies with the client's information. For example, it does not go looking for additional information which shows exit dates in order to reconstruct the client's travel history. It goes looking for information which shows an exit date inconsistent with the client's declared exit dates. Depending on the nature and scope of discrepancies discovered, the impact can be some damage to the client's credibility resulting in elevated scrutiny and some degree of skepticism, or it can result in approaching the client as NOT credible and thus pursuing non-routine process in which more proof from the client is demanded. The impact can go all the way to potentially being grounds for a determination of misrepresentation, even criminal prosecution, again depending on the nature and scope of the discrepancies discovered.

BUT in any event, even if IRCC often overlooks what is even outright fraud, make no mistake, IRCC has the means to access a lot more information than most apprehend, and these days the chances IRCC will catch a discrepancy are continually increasing. IRCC will not rebuild, let alone build in the first place, a client's travel history, but if the client's travel history is off by much, the odds are substantial IRCC will catch it.
 
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vensak

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In simple words, what can be tracked and where there is some database behind (for example flight tickets), will be tracked if needed.

Of course there is a big difference between small time difference (like few days) of a trip that happened several years ago to USA by your private car (yes it was sure fun to disclose 10 years of travelling history) is mostly regarded just as a minor mistake.

Another thing is, that since that system already exists, it is just a matter of time until it will be automatic to the degree that any potential non RO PR would be sent to the secondary (if is not that hard to identify all exits and entries and calculate physical days in Canada). Of course those who have a valid reason (work assignment, or living with a Canadian spouse), can easily disclose it during the secondary review.
Maybe the only thing stopping this system is the estimation just how busy secondary would become.
 

LifeDreamer

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Feb 14, 2018
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The information is there. It is used to investigate possible residency and/or overstay violations however it is not prima-facie evidence that can be used in a case against someone for that violation.

In case you were wondering this info is kept for at least 15 years.
 

M.R.S

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Aug 27, 2009
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So if some one is in breach of RO and is referred to secondary where he lies about his exits then what will happen ? Will they use cbsa record and charge him for fraud or what ?
 

dpenabill

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So if some one is in breach of RO and is referred to secondary where he lies about his exits then what will happen ? Will they use cbsa record and charge him for fraud or what ?
Consequences vary for giving false or misleading information, or otherwise making a misrepresentation (such as by omission), to PoE authorities; they range from loss of credibility to potentially time behind bars prior to deportation, with loss of status and being barred from Canada for at least five years somewhere in the middle.

How the authorities discern or discover a PR has made a misrepresentation during a PoE examination also varies greatly. Investigatory methods are strictly confidential, so the HOW is largely outside our view. BUT there is no doubt they have tools and methods far beyond mere comparison of information to a client's CBSA travel history . . . note for example that a common scheme, which is commonly caught, is the use of alternative Travel Documents for border crossings, to avoid a record of the crossing connected to the PR's client number, which obviously will not be readily apparent in checking the client's CBSA travel history, BUT which apparently CBSA (border authorities) and IRCC have developed tools and methods for catching this.

Some of the more salient cases have involved individuals who present a passport which has fraudulent stamps in it which are intended to make it appear the individual has NOT been abroad for as long as the individual was.

The latter, by the way, tend to trigger the harsh end of the spectrum in consequences: yes, criminal prosecution which can result in imprisonment then deportation. The least severe end of the spectrum in consequences, when CBSA border officers discern the PR has made misrepresentations, may merely be compromised credibility pursuant to which the officers make decisions which do not rely on any facts not otherwise verified by a source OTHER than the PR. In between, misrepresentations made for the purpose of obtaining entry into Canada can be grounds for a determination of inadmissibility and loss of PR status and being barred from Canada . . . the bar is for five years, but this can also have a negative impact which will in effect make it far more difficult to obtain status in the future, even temporary resident status.

Bottom-line: consequences for making misrepresentations to the border officers are severe enough, and getting caught is likely enough, to make doing that a very bad bet.

At the risk of seeming to advocate an amoral approach (which I do not and which I do NOT condone let alone encourage; but sometimes, for clarity, it helps to focus on a practical benefit-to-risk calculation), the calculus is easily framed for a PR in breach of the PR RO:

-- the better the odds of saving PR status without misrepresentation, relying largely on H&C reasons (including extent of breach in addition to compelling reasons for not returning to Canada sooner), the more an honest approach relying on H&C chances has the overall better odds . . . misrepresentation is far more likely to sabotage the chances of keeping status (even if the only consequence for the misrepresentation is compromised credibility)

-- the worse the odds of saving PR status based on H&C reasons (more extensive breach and not so persuasive reasons for failing to return to Canada sooner; that is, perhaps, the more tempted to fudge scenario), the more likely (far more likely) CBSA will discern or discover a misrepresentation made in the PoE examination AND the more severe the consequences are likely to be, rendering misrepresentations a very bad gamble

-- thus, overall, and notwithstanding more than a few get-away-with-it (that number in serious decline as record-keeping and verification tools continue to be enhanced in conjunction with the trend to more aggressively screen for and prosecute fraud), making misrepresentations during a PoE examination, particularly substantial misrepresentations, tends to be a bad bet . . . a bad gamble in every scenario​
 

LifeDreamer

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Feb 14, 2018
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So if some one is in breach of RO and is referred to secondary where he lies about his exits then what will happen ? Will they use cbsa record and charge him for fraud or what ?
I agree with what @dpenabill just mentioned however I note that the exit records collected by themselves are not sufficient to revoke PR/citizenship or used in prosecution, unless you admit to them which is why you get referred to secondary or called in for interview. In general for someone failing to fulfill residency obligation is not a crime you just have to start over but for someone to commit fraud by falsifying travel records is a crime and IMO is not worth the risk.