Immigration, Refugees and Citizenship Canada (Re), 2022 OIC 01
The complainant alleged that Immigration, Refugees and Citizenship Canada (IRCC) improperly withheld information under paragraph 16(2)(c) of the Act, claiming disclosure could facilitate the commission of an offence. IRCC redacted information from the "History" field of 64 immigration application records. After an investigation and multiple attempts by IRCC to justify the exemption, the institution ultimately agreed to release all the information. The OIC found the complaints to be well-founded, concluding that IRCC had not justified withholding the information.
- Improper withholding of information
- Application of paragraph 16(2)(c) (facilitating the commission of an offence)
- Justification for exemption
- Disclosure of information in immigration application records
Complaints well founded — information ordered to be released (information was released during the investigation)
The OIC found that the institution failed to demonstrate a reasonable expectation that the disclosure of the information would facilitate the commission of an offence, as required by paragraph 16(2)(c). The institution ultimately agreed to release the information.
AI-generated summary for reference only. Always verify against the official decision ↗
The information was ordered to be released, however, IRCC released the information during the investigation, making a formal order unnecessary.
- s.16(2)(c) ATIA
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