Overview: Standing Committee on Public Safety and National Security—Study on the Review of the Foiled Terrorist Plot in Toronto and of the Security Screening Process (August 28, 2024)
Immigration chronology
The IRCC, with support from CBSA and CSIS, has produced this immigration chronology in the interest of supporting the objectives of the Standing Committee on Public Safety and National Security (SECU) to review the "Foiled Terrorist Plot in Toronto and of the Security Screening Process for Permanent Residence and Citizenship Application". Every effort has been made to disclose as much information as possible to meet these objectives, while respecting criminal proceedings and the accused's constitutional right to the presumption of innocence in regard to the alleged offences, and the protection of personal information in accordance with Privacy Act of Canada, as well as protecting sources and investigative techniques.
Name: Eldidi, Ahmed Fouad Mostafa
Country of birth: Egypt
Citizenship: Canada
Issue: Ahmed Fouad Mostafa Eldidi, herein referenced to as the Subject, is a naturalized Canadian citizen. The Subject and his son were arrested and charged in connection with terrorist activities on behalf of the Islamic State of Iraq and Syria (ISIS). The Subject is charged with the following Criminal Code of Canada (CCC) offences:
- Participation in the activities of a terrorist group (CCC 83.18)
- Facilitating terrorist activity (CCC 83.19)
- Possession of a weapon for dangerous purpose (CCC 83.2)
- Conspiracy to commit murder (CCC 83.27)
- Aggravated assault (CCC 83.2)
Background
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Immigration, Refugees, and Citizenship Canada (IRCC) received a temporary resident visa (TRV) application made by the Subject for a visitor visa. The initial application was refused (potential non-genuine visitor); however, a subsequent application was submitted with additional documentation.
Biometrics note: Biometrics (in other words, fingerprints) were automatically referred to RCMP; no match to existing criminal record
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IRCC approved the TRV application made by the Subject and issued a TRV.
Security screening note: As initial IRCC security assessment did not identify any risk indicators, application not referred for comprehensive security screening by CSIS and CBSA.
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The Subject entered Canada at Lester B. Pearson International Airport.
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The Subject arrived at an IRCC office and made an asylum claim. An appointment for eligibility assessment was given to the subject for the month of July.
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The Subject attended the IRCC office per their scheduled appointment. A risk-indicator presented on this file that was addressed during the interview.
(Note: Specific risk-indicators cannot be disclosed in order to protect the integrity of the immigration screening program.)
IRCC subsequently triaged the refugee claim, reviewing for any concerns about inadmissibility, credibility, or program integrity, that would warrant further investigation or intervention in the claim by IRCC or the CBSA. No additional concerns were identified. The claim was found to be eligible to be referred to the Immigration and Refugee Board.
Biometrics note: Biometrics (in other words, fingerprints) were automatically referred to RCMP; no match to existing criminal record
Security screening note: Security screening partners perform comprehensive security screening on 100% of in-Canada refugee claimants. Application was reviewed and a favourable recommendation was provided by security screening partners.
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IRCC approved a Work Permit for the Subject. A similar risk-indicator from , and previously addressed, presented on this file.
(Note: Specific risk-indicators cannot be disclosed in order to protect the integrity of the immigration screening program.)
Security screening note: Application was not referred to CSIS and CBSA for comprehensive security screening, as work permits linked to asylum claims are not typically assessed for admissibility.
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The Subject was granted Convention Refugee (CR) status by the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB).
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IRCC received an application for Permanent Residence (PR). Risk indicators presented on this file.
(Note: Specific risk-indicators cannot be disclosed in order to protect the integrity of the immigration screening program.)
Security screening note: Application referred to CSIS and CBSA for comprehensive security screening in ; security screening partners returned a favourable recommendation.
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The Subject became a Permanent Resident (PR) of Canada.
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The Subject submitted an application for Canadian Citizenship pursuant to subsection 5(1) of the Citizenship Act.
Security screening note: Application referred to CSIS for security checks in ; CSIS returned a favourable recommendation.
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The Subject was granted Canadian citizenship.
Screening note: Final check performed in immigration records management system to confirm no new flags or concerns
Biometrics note: Biometrics purge request sent to RCMP after issuance of Citizenship status (RCMP does not maintain immigration biometrics once an individual becomes a Canadian citizen)
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CSIS became aware of the potential national security threat posed by the Subject, and took all measures to assess and mitigate that threat.
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In response to a CSIS request, IRCC disclosed to CSIS information in its holdings on the Subject.
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RCMP received information about the subject's alleged intent to carry out a terrorist attack.
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The CBSA issued a Lookout in their systems.
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The Subject and his son were arrested and charged with 9 offences, including terrorism-related offences.Footnote 1
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In response to a CSIS request, IRCC disclosed to CSIS information in its holdings on the Subject.
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IRCC conducted a preliminary review of the file and will monitor the progress of the criminal investigation and court proceedings (dates and decisions) so appropriate corresponding action under the Citizenship Act is taken, if necessary.
Next steps
IRCC, the CBSA and CSIS continue to review details of the file.
Name: Eldidi, Mostafa Ahmed Fouad Mostafa
Country of birth: Egypt
Citizenship: Egypt
Issue: Mostafa Ahmed Fouad Mostafa Eldidi, herein referenced to as the Subject, was arrested and charged with his Father in connection with terrorist activities on behalf of the Islamic State of Iraq and Syria (ISIS). The Subject is charged with the following Criminal Code of Canada (CCC) offences:
- Participation in activity of terrorist group (ISIS/DAESH) (CCC 83.18)
- Facilitating terrorist activity (CCC 83.19)
- Conspiracy to commit murder (CCC 83.27)
- Possession of weapon for terrorist purpose (CCC 83.2)
Background
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The Subject submitted a study permit application, which was refused by IRCC (potential non-genuine student).
Biometrics note: Biometrics (in other words, fingerprints) were automatically referred to RCMP; no match to existing criminal record
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The Subject entered Canada at the Fort Erie land border from the United States (US) and made an asylum claim. The Subject indicated that he entered the US in on a US Student Visa.
Biometrics note: Biometrics (in other words, fingerprints) were automatically referred to RCMP; no match to existing criminal record
Security screening note: Application was assessed by CBSA and CSIS and a favourable recommendation was provided.
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IRCC triaged the refugee claim when received, reviewing for any concerns about inadmissibility, credibility, or program integrity that would warrant further investigation or intervention in the claim by IRCC or the CBSA. The claim was found to be eligible to be referred to the Immigration and Refugee Board.
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The Subject was granted Convention Refugee (CR) status by the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB).
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In response to a CSIS request, IRCC disclosed to CSIS information in its holdings on the Subject.
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The Subject and his father were arrested and charged with 9 offences, including terrorism-related offences.
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CBSA opened an inland investigation and will monitor the progress of the criminal investigation and court proceedings (dates and decisions) so appropriate corresponding action under the IRPA is taken, if necessary.
Next steps
IRCC, the CBSA and CSIS continue to review details of the file.
Security screening 101: A trilateral program
The Government of Canada's Immigration Security Screening Program is a trilateral program that relies on close collaboration between Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA) and the Canadian Security Intelligence Service (CSIS).
The program is a critical function of Canada's national security and focuses on assessing admissibility of foreign nationals and permanent residents for national security, human or international rights violations and organized criminality, as outlined in the Immigration and Refugee Protection Act (IRPA):
- IRCC, CBSA and CSIS assess applicants against Section 34 of IRPA (espionage, subversion, terrorism, membership in an organization that engages in the aforementioned acts or being a danger to the security of Canada)
- IRCC and CBSA assess applicants against Section 35 (crimes against humanity, war crimes, genocide, sanctions) and Section 37 (organized criminality) of IRPA
- IRCC assesses applicants against Section 36 (criminality) of IRPA
Immigration security screening for individuals who make applications to IRCC consists of eight steps. A risk based approach is taken to security screening so the level of work performed, at each step of the process, varies on a case-by-case basis depending on the nature of the information and findings. An application may not go through all of the steps in the process if no adverse information is found or if concerns are negated satisfactorily.
Initial security screening
Step 1
IRCC conducts an initial security assessment of all foreign nationals who apply to come or remain in Canada. This initial assessment includes a review of departmental databases and risk indicators. It also includes the sharing of biometric information with the Royal Canadian Mounted Police (RCMP) for checks against its criminal records database, and could include checks with international partners.
Step 2
Based on the results of this assessment, IRCC identifies applications that warrant Comprehensive Security Screening and forwards the application to CBSA and CSIS. An IRCC officer can make an admissibility decision without Comprehensive Security Screening if they have enough information to be satisfied the applicant is not inadmissible to Canada. If comprehensive screening is not required, IRCC moves immediately to Step 8.
Comprehensive Security Screening
Note: In addition to screening applications forwarded from IRCC, 100% of in-Canada refugee claimants are subject to Comprehensive Security Screening by CBSA and CSIS.
Step 3
CBSA reviews the application to understand the background of the applicant (for example, employment information, travel history) and to assess the likelihood that the applicant may be inadmissible to Canada.
Step 4
CBSA reviews its internal intelligence and enforcement databases and employs some or all of the following tools: in-depth open source checks (for example, media and social media presence), consultation with classified intelligence databases, and consultation with foreign partners. CBSA determines whether the file can be cleared or whether inadmissibility concerns (in other words, national security, human or international rights violations and / or organized criminality) exist.
Step 5
In parallel to CBSA's review, if there are questions of national security with the application, CSIS also reviews the file, employing all or some of the following tools: open source review, consultation with foreign partners and security interviews. CSIS determines whether the file can be cleared (in other words, no concerns identified at this point) or whether national security concerns exist.
Step 6
If an applicant is determined as having possible national security concerns, CSIS will undertake additional investigative steps, which can include: checks with various classified intelligence databases, consultation with international allies to obtain intelligence, specialized reviews of open sources information and other tools. On some occasions, the outcome will be that the national security concerns are addressed and CSIS will return the application to CBSA with a favorable response. Other times, CSIS will provide CBSA with a "security advice brief" explaining the adverse findings.
Step 7
Based on the CSIS and CBSA findings, CBSA provides a security screening recommendation to support a final decision by IRCC. The recommendation must meet the legal threshold of reasonable grounds to believe that the applicant is inadmissible to Canada as assessed by IRCC.
Final decision
Step 8
IRCC makes the final decision on visa issuance as well as on application for temporary and permanent resident status. If IRCC requires further information to address admissibility concerns, it can interview the applicant or request further information. Applicants are informed of admissibility concerns prior to a final decision being made through a procedural fairness letter and are given an opportunity to provide additional information at this time. If the officer concludes the applicant inadmissible, the final decision will document the reasons for refusal including the reasons supporting the inadmissibility finding.
Immigration processing journey (IRCC)
Temporary Resident Visa (TRV) Process
Submission
Application submitted
IRCC checks for completeness; incomplete applications are returned
Immigration Records Management System is queried for applicant name to check if new/existing client
Assessment
Eligibility and Admissibility assessed against the requirements of IRPA
Biometrics collected (if required), documents or other information requested (if required)
Medical exams requested and completed (if required)
Initial security screening conducted (in other words, system and risk indicators)
If indicators exist, referred for comprehensive security screening by partners; partners return a recommendation
If required as part of admissibility assessment:
- Request client Interview
- Send procedural fairness letter if concerns exist/persist
- Liaise with security partners
Final decision
If Approved: Passport requested and verified, counterfoil printed (visa issued) and passport returned to client
If Refused: Refusal Letter sent
If ineligible or inadmissible:
- Temporary Resident Permit (designated IRCC official) could be sought/issued if determined that granting temporary residence is justified in the circumstances
Permanent Resident (PR) Process
Submission
Application submitted
IRCC system sends Acknowledgment of Receipt automatically after submission
IRCC checks for completeness; incomplete applications are returned
Assessment
Eligibility and Admissibility assessed (for principal applicant and dependents, if applicable) against the requirements of IRPA
Biometrics collected (If required), documents or other information requested (if required)
Medical exams requested and completed
Initial security screening conducted (in other words, system checks and risk indicators)
If indicators exist, referred for comprehensive security screening by partners; partners return a recommendation
If required as part of admissibility assessment:
- Request client Interview
- Send procedural fairness letter if concerns exist/persist
- Liaise with security partners
Final decision
If Approved: Confirmation of Permanent Residence generated and sent to client
Permanent Residence Card issued after arrival in Canada and mailed to client
If Refused: Refusal Letter sent
If ineligible or inadmissible:
- Exemption from applicable criteria or obligations of IRPA could be sought (Minister of IRCC) on humanitarian and compassionate grounds for inadmissibility other than security, human rights violation or war crimes, or organized criminality. In these cases, Public Safety Minister has authority to grant exemption based on national interest considerations
Citizenship Grant Process
Submission
Application submitted
IRCC checks for completeness; incomplete applications are returned
Immigration Records Management System is queried for applicant name to check if new/existing client
Assessment
Eligibility assessed against requirements of Citizenship Act
Documents or other information requested (if required); Criminality assessed
All applications for applicants over 16 referred for screening by CSIS
If required as part of assessment:
- Request client Interview
- Send procedural fairness letter if concerns exist/persist
Final decision
If Approved: Client scheduled for ceremony and sent invitation
IRCC confirms security screening still valid and no new adverse information in systems prior to oath
Client takes the oath and signs form; Citizenship certificate is provided to client
Biometrics, if any, purged from RCMP database after oath
If Refused: Refusal Letter sent
If ineligible (other than prohibitions):
- Discretionary grant of citizenship may be sought (Minister of IRCC)
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