Children’s Issues at Citizenship and Immigration Canada (CIC): An Overview

1. Children’s Issues at Citizenship and Immigration Canada (CIC): An Overview Canadian presentation to the OAS Special Committee on Migration Affairs Washington, D.C., October 20, 2009

2. Purpose Provide overview of children’s issues at CIC: • Children and CIC’s mandate • Legislative and policy context • Links with CIC programs • Possible directions for policy-relevant research

3. CIC Mandate Citizenship and Immigration Canada has economic, social, and humanitarian roles Security/health/safety responsibility The department: Admits immigrants, foreign students, visitors and temporary workers who help Canada’s social and economic growth Resettles, protects, and provides a safe haven for refugees Helps newcomers adapt to Canadian society and become Canadian citizens Manages access to Canada to protect the security and health of Canadians and the integrity of Canadian laws Helps Canadians and newcomers to participate fully in the economic, political, social and cultural life of the country 3

4. Children and CIC’s Mandate Children come to Canada: • Accompanying their skilled worker parents, • As persons sponsored by Canadians and permanent residents, • As students and visitors, • As persons resettled because of their need for protection, and • To ask for Canada’s protection. • Children then later: • Begin to settle and integrate into Canada, • Form part of our multicultural mosaic, and • Become Canadian citizens. 4

5. Legislative and Policy Context Canada is a signatory to the United Nations Convention on the Rights of the Child CIC considers its provisions in work affecting children Immigration and Refugee Protection Act (IRPA) includes six specific references to best interests of the child (BIOC) Example: BIOC must be taken into account when examining requests for humanitarian and compassionate consideration IRPAcommitment to gender-based analysis (GBA) GBA engages range of diversity considerations in policy and program development, including impacts on children and families Citizenship Act and Immigration and Refugee Protection Regulations require that granting of citizenship to minor adoptees be limited to adoptions in the child’s best interests 5

6. Immigration • Children are evident in CIC efforts to further IRPA objectives related to family reunification (e.g. accelerated processing for children and spouses) • BIOC is a factor in H&C considerations that may be weighed against others, e.g. establishment in Canada Refugee Protection • BIOC considered in decisions on minors to be resettled • BIOC not a criterion for in-Canada protection decisions, where instead a determination is made of whether the child (claimant) is at risk of persecution, risk of torture, or a risk to life or of cruel and unusual punishment or treatment • However, BIOC influences the status determination process 6

7. Integration • IRPA objective to promote successful integration for permanent residents is inclusive of children • Children eligible for settlement services but parent is normally the primary client; children under legal school-leaving age not eligible for language training (access to second language classes in schools) Citizenship • Citizenship Act and IRPR require that granting of citizenship to minor adoptees be limited to adoptions in the child’s best interests • Children’s issues are considered in policy/program development Multiculturalism • Cultural at-risk youth are assisted in gaining self-confidence, knowledge, and skills for participation and civic engagement in order to prevent cultural marginalization, detachment and radicalization. 7

8. Links to CIC programs (1) Child-sensitive policies, practices, activities Refugee Protection Child- and gender-sensitive guidelines, including interviewing guidelines, for officers conducting eligibility interviews with children who claim refugee protection Referral to appropriate child protection agencies for unaccompanied/separated children and children who may otherwise be at risk Requirement that a designated representative be appointed for all minor children for Immigration and Refugee Board (IRB) proceedings IRB guidelines on child refugee claimants, vulnerable persons Guardianship Protocol in refugee resettlement context Procedures for de facto dependants of principal applicants, consanguineous minors (being reunited with adult blood relative, not a parent, in Canada) Encourages establishment of legal guardianship, ensures care and protection necessary for well-being Allowances specific to children through the Resettlement Assistance Program (RAP), e.g. school start-up, newborn needs 8

9. Links to CIC programs (2) Child-sensitive policies, practices, activities Immigration Immigration officers receive training on assessing the best interests of the child when making H&C decisions Both children and adults identified as victims of trafficking are eligible to receive a special Temporary Resident Permit (TRP), allowing them to stay in Canada temporarily to escape their traffickers and begin to recover from their ordeal Multiculturalism Assist cultural youth-at-risk to gain self-confidence and skills for civic participation, Provide opportunities for youth to gain practical learning experience and develop skills to contribute to the life of their communities Assist in addressing the root causes of cultural youth marginalization Help youth respond to racism and hate-motivated activities 9

10. Links to CIC programs (3) Child-sensitive policies, practices, activities Integration Fund some programs specifically geared to youth, recognizing that many youth have difficulty navigating a new culture while living in a family that often maintains similarities to the family structures in their country of origin Settlement Workers in Schools (SWIS) program Citizenship Various provisions in the Citizenship Act that recognize the unique circumstances of children, e.g.: A parent or guardian may apply on behalf of a child who has a Canadian parent. Waiver provisions exist to allow a child to apply as an adult. Children cannot renounce their citizenship and the parents of children cannot renounce their children's citizenship A child born outside Canada after the death of the Canadian parent is considered to be born before the death of that parent to preserve the child’s right to citizenship by descent 10

11. Some Policy Research Directions Settlement needs of immigrant youth Children benefit from language, employment programs offered to parents, legal guardians Importance of identifying needs for different immigration categories, groups Youth at risk, second generation How can integration programming best support optimal outcomes for youth, i.e. address any special needs? International comparisons Best practices for receiving child im/migrants, ensuring appropriate care and support, promoting successful integration 11