Under the Treaty, information will not be shared on Canadian or U.S. citizens or permanent residents

[Bryanna]

man, that is precisely what I am saying, student info is separate databases than the ones having PR info

No, it is not. Hope you are not incorrectly assuming that each visa category has separate databases within the IRCC system. Or that accessing each of these 'databases' is not allowed/requires special internal access

 

[zardoz]

http://www.gazette.gc.ca/rp-pr/p2/2017/2017-05-17/html/sor-dors79-eng.html

DIVISION 3
Information Sharing Between the Government of Canada and the Governments of Australia, New Zealand and the United Kingdom
Interpretation

315.36 The following definitions apply in this Division.

national of a third country means a foreign national other than a national or citizen of the country of the party making or receiving a query. (ressortissant d’un pays tiers)

party means

• (a) the Minister; or
• (b) any of the following government departments or their successors that have entered into an arrangement with the Department and the Canada Border Services Agency for the purpose of facilitating information sharing to assist in the administration and enforcement of their respective countries’ immigration and citizenship laws:
  • (i) Australia’s Department of Immigration and Border Protection,
  • (ii) New Zealand’s Ministry of Business, Innovation and Employment,
  • (iii) the United Kingdom’s Home Office. (partie)

query means an automated request for information made by one party to another for the purposes of this Division. (requête)

Purpose

315.37 The purpose of this Division is to define the parameters for the sharing of information, by means of a query, between parties in support of the administration and enforcement of Canada’s laws in respect of immigration and other parties’ laws in respect of citizenship and immigration.

Making of query

315.38 A query in respect of a person must be made by submitting to another party either the person’s fingerprints accompanied by a unique transaction number or the unique transaction number assigned to a previous query received in respect of the person.

Disclosure of information — query or response

315.39 Disclosure in relation to the making of or a response to a query is limited to information that is necessary, relevant and proportionate to achieving the purposes of this Division and must be made in a manner that ensures the accuracy and reliability of the information.

Making of query — permitted purposes

315.4 (1) The Minister may make a query to another party only for the following purposes:

• (a) to support an examination or determination following an application or claim made by a national of a third country for a permanent or temporary resident visa, a work or study permit, protection, refugee protection or any other immigration benefit under Canada’s immigration laws; or
• (b) to support an examination or determination as to whether a national of a third country is authorized to travel to, enter or remain in Canada.

Limitation

(2) The Minister must not make a query to another party in respect of a person who has made a claim for refugee protection or an application for protection if the person has alleged persecution in that party’s country.

Disclosure of information — permitted purposes

315.41 (1) The Minister may disclose information in response to a query made by another party only for the following purposes:

• (a) to support an examination or determination by that party following an application or claim made by a national of a third country for a visa or immigration-related permit, status or benefit;
• (b) to support an examination or determination by that party as to whether a national of a third country is authorized to travel to, enter or remain in that party’s territory;
• (c) to support an examination or determination by that party following an application made by a national of a third country for citizenship; or
• (d) to support an examination or determination by that party following an application or claim made by a permanent resident of Canada for refugee status.

Contents of disclosure

(2) The Minister may disclose to the requesting party the following information in relation to the national of a third country or the permanent resident of Canada:

• (a) their biographic data, such as last name, first name, date of birth, gender and country of birth;
• (b) their photograph; and
• (c) information in relation to the administration and enforcement of Canada’s immigration laws, including the issuing country of the person’s passport, their immigration status, information relevant to — and any previous decision or determination relating to — their admissibility, and any decision or determination relating to a claim for refugee protection or an application for protection.

 

[Bryanna]

Yeah, FCC and not just the US-Canada information sharing agreement

 

[zardoz]

So, Information Sharing is now in place for all of the "Five Eyes" countries, not just the USA. It's also clearly stated that it applies to both temporary and permanent immigration applications.

 

[Vacohara]

So, Information Sharing is now in place for all of the "Five Eyes" countries, not just the USA. It's also clearly stated that it applies to both temporary and permanent immigration applications.

However, the request must meet a certain criteria such as evidence that the person had travelled from one of the FCC countries or had previously been arrested in one of the FCC countries before it can be submitted to another member country.

http://www.mondaq.com/india/x/436932/general+immigration/Immigration+Data+Shared+Between+Nations

 

[Buletruck]

You are ignoring the fact there are also separate agreement (I.e. statement of mutual understanding of immigration information with the US: https://www.canada.ca/en/immigratio...erstanding-information-sharing/statement.html). And the SMU has pretty broad reach and the limitations you describe are limited to reasonable suspicion, which is pretty easy to justify. Regardless of what you are assuming, there are likely multiple options not in public view they can utilize (and I know this from personal acquaintances in the RCMP and CSIS) to scrutinize applicants.

 

[Vacohara]

You are ignoring the fact there are also separate agreement (I.e. statement of mutual understanding of immigration information with the US: https://www.canada.ca/en/immigratio...erstanding-information-sharing/statement.html). And the SMU has pretty broad reach and the limitations you describe are limited to reasonable suspicion, which is pretty easy to justify. Regardless of what you are assuming, there are likely multiple options not in public view they can utilize (and I know this from personal acquaintances in the RCMP and CSIS) to scrutinize applicants.

>> And the SMU has pretty broad reach and the limitations you describe are limited to reasonable suspicion,

• Person in Question to have travelled from one of the FCC countries, or
• The said person's arrest in one of the FCC countries

 

[Buletruck]

Wrong. You should read the attachment.

1. there are reasonable grounds to suspect that the information would be relevant to the administration or enforcement of the citizenship or immigration laws of either Canada or the United States;
   
2. there are reasonable grounds to suspect that the information would be relevant to the prevention, investigation or punishment of conduct that would constitute a crime rendering a person inadmissible or removable under the citizenship or immigration laws of either Canada or the United States; or
   
3. the information is to be used for statistical or research purposes, provided that the use of the information does not identify persons, and complies with each Participant’s policies, instructions and agreements for such exchanges of information.