Dear Mr Brown,

I am currently in Canada and would like to apply for refugee status. I recently read about the use of DNA testing to determine nationality in Canada. The problem is that I used a fake passport to be admitted to Canada. I am wondering if they can make an exception in my case and not deport me.

— BTC

Dear BTC:

The Canadian Border Services Agency (CBSA) has revealed that Canadian immigration officials are using extraordinary measures, such as DNA testing and ancestry websites to establish the identity and nationality of migrant detainees, or contact their distant relatives, in order to effect deportation after other techniques have been exhausted.

DNA testing, ancestry websites

You did not mention anything about being detained. However, I will provide general information about the matter. As per Canadian immigration law, migrants may be detained without being charged for indefinite periods if they are deemed a flight risk, a danger to the public or if their identity is uncertain.

DNA testing provides indicators of nationality, which allow authorities to focus on particular countries in trying to establish the identity of a detainee, because a migrant may misrepresent that he or she is from a different country or present fraudulent identification documents.

Concerns

The concerns regarding the use of such techniques include:

1. Privacy issues regarding data held by ancestry websites.

2. The required consent of Canadian Border Services Agency from detainees before submitting their information to DNA websites may not be genuine.

3. Individuals using these sites to look at their family tree can have their confidential information used by border agents to facilitate the deportation of migrants.

CBSA officers

CBSA officers carry out duties related to immigration, including, among other things:

• Examining people at ports of entry;

• Detaining those people who may pose a threat to Canada; and

• Removing people who are inadmissible to Canada, such as terrorists, organised crime members, war criminals or individuals who committed crimes against humanity.

Officers have delegated authority for search and seizure powers, which may be exercised on reasonable grounds that an individual entering Canada has concealed his or her identity, hidden relevant admissibility documents, or concealed documents that may have been used for the purpose of smuggling or trafficking persons. The right against unreasonable search and seizure applies to all, including foreigners.

Officers, also have the power of arrest and detention of permanent residents or foreign nationals. Arrests are for breaches of immigration law.

Detention is for:

• Persons posing danger to the public;

• Persons whose identities are in question; or

• A reason to believe the person will not appear for a proceeding.

It is also allowed if it is necessary for the completion of an examination at the port of entry; and there are reasonable grounds to believe that the person is inadmissible for reasons of security for violating human or international rights.

Exemptions

Please note that there are exceptions. Misrepresentation does not apply to protected individuals and people who claim refugee protection if a disposition about their claim is pending. Also, misrepresentation does not apply to those abroad who are family members of protected individuals based on the premise that some degree of subterfuge may be required for refugees to be able to escape from countries they are fleeing, such as using a false identity.

The details of your circumstances were not included. As such, I would encourage you to obtain professional assistance with your applications.

Please visit jamaica2canada.com for additional information on Canadian Permanent Residence programmes, including Express Entry, the Study and Work programme, Visas or Appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM — a Canadian immigration and education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.