IRCC refuses to disclose records relating to me [IRCC ATIP; Patrick Fox]
Dear Patrick Fox;
This is further to your request under the Privacy Act, which was received on October 31, 2023, for the following records:
The electronic notes of the immigration or citizenship officer(s) for the Citizenship file concerning FOX, Patrick (aka RIESS, Richard). I request all information relating to me which the IRCC representatives have access to when I call 1-888-242-2100. I am NOT requesting my GCMS or FOSS records (I have those). I want to know what OTHER information your representatives are "reviewing" when I call. Thank you..
We are writing to inform you that we require further information in order to continue processing your request. Your request is being placed on hold for the following reason(s):
Please note the Access to Information and Privacy division only provides copies of immigration documents (GCMS, FOSS and/or CAIPS); the IRCC office does not respond to questions. Should you have any questions or concerns regarding your immigration matters, please contact our call center at 1-888-242-2100 or visit the IRCC website at the following link: http://www.cic.gc.ca/english/.
Please confirm if you would like to continue processing for copies of your immigration documents. If so, please provide the associated file number(s), UCI(s) or additional information such as the date and location the application(s) was (were) submitted.
AND,
In order to ensure we are providing the correct records, we require that you provide a copy of the passport bio page for FOX, Patrick (aka RIESS, Richard).
Please note that your request will remain on hold until we receive the requested information from you. If we have not received your reply by November 24, 2023, we will consider the request abandoned and close our file accordingly.
Please reply to this email with the required information, or by mail at the following address:
Access to Information and Privacy Division
Immigration, Refugees and Citizenship Canada
360 Laurier Avenue W
Ottawa, Ontario K1A 1L1
Please be advised that you are entitled to submit a complaint regarding the processing of your request to the Office of the Privacy Commissioner. The complaint form can be retrieved at:
Should you have any questions, please do not hesitate to contact us by email at IRCC.ATIP-AIPRP.IRCC@cic.gc.ca
Sincerely,
ATIP Officer
Immigration, Refugees and Citizenship Canada
PLEASE QUOTE OUR FILE NUMBER IN ANY FOLLOWING CORRESPONDENCE
IRCC adheres to the “10 Principles for Assisting Applicants,” which are listed on the following website: www.cic.gc.ca/dutytoassist
This message is intended solely for the individual or entity to whom it is addressed. It contains privileged and confidential information which is not to be disclosed without the sender's express consent. If you are not the intended recipient of this message or an authorized representative thereof, please notify the sender by email and then destroy this message as well as all other existing copies.
Dear ATIP Officer:
Thank you for the response.
- Are you saying that the ATIP department only provides GCMS/FOSS/CAIPS records? That I cannot obtain information regarding the investigations IRCC and/or CBSA have conducted in relation to me?
- I'm not sure what you mean by "the passport BIO page". I admit that in 1995 or 1996 I applied for and received a Canadian passport under the identity of Ricky Steve Riess (and a couple of subsequent replacements), but fingerprints and DNA have since proven I'm not him. I realize it was a criminal offense to do so, and I shall accept responsibility for that should Canada choose to prosecute me for it. And I have no Canadian passport under the identity Patrick Henry Fox. Alternatively, I am attaching a copy of my BC driver's license, which should be sufficient to prove I am Patrick Fox.
- I do still wish to proceed with the ATIP request. If you are unable or unwilling to provide the requested records then you can exempt them and I'll proceed with a request for review by the Privacy Commissioner of Canada.
- Regarding the date and location the applications were made, I have not made any applications. I did not "apply" to come to Canada, nor did I come here by choice. I was deported here against my will, and CBSA/IRCC refused to do anything to verify whether I was actually the person who was born Ricky Riess in Ontario.
- Regarding the UCI, it is my understanding that #6002-8504 is the UCI number IRCC has assigned me.
Thank you,
Patrick Fox
Thank you for your reply.
We regret to inform you that we are still unable to process your request for the following reason(s):
Correct, the IRCC ATIP department only provides GCMS/FOSS/CAIPS records of existing immigration applications. If you would like to receive all of the GCMS/FOSS/CAIPS records that we have under your UCI please confirm.
If you are looking for other information, please contact our call center at 1-888-242-2100 or visit the IRCC website at the following link: http://www.cic.gc.ca/english/.
If you wish to contact CBSA, You can contact their office by email at ATIPAIPRP@cbsa-asfc.gc.ca or by mail at the following address:
Canada Border Services Agency
Access to Information and Privacy Coordinator
333 North River Road
14th Floor, Tower A
Vanier, Ontario
K1A 0L8
Note that if we have not received your reply by November 24th, 2023, we will consider the request abandoned and close our file accordingly.
Regards,
Client Service Representative | Représentant du service à la clientèle.
Access to Information and Privacy | Accès à l’information et protection des renseignements personnels
Immigration, Refugees and Citizenship Canada | Immigration, Réfugiés et Citoyenneté Canada
Government of Canada | Gouvernement du Canada
Dear ATIP Officer:
Thank you for the information. Yes, I would like to proceed with the request for the GCMS/CAIPS records.
Thank you,
Patrick Fox
Dear Patrick Fox:
This is further to your request under the Privacy Act, which was received on October 31, 2023, for the following records:
The electronic notes of the immigration or citizenship officer(s) for the Citizenship file concerning {FOX, Patrick (aka RIESS, Richard) } I request all information relating to me which the IRCC representatives have access to when I call 1-888-242-2100. I am NOT requesting my GCMS or FOSS records (I have those). I want to know what OTHER information your representatives are "reviewing" when I call. Thank you.
I regret to inform you that in accordance with section 16(2) of the Privacy Act, I can neither confirm nor deny the existence of information. We wish to inform you that if this information were to exist, it would be entirely withheld pursuant to section(s) 26 personal information or 22(1)b) Law enforcement and investigations of the Act.
If you wish to contact CBSA, You can contact their office by email at ATIPAIPRP@cbsa-asfc.gc.ca or by mail at the following address:
Canada Border Services Agency
Access to Information and Privacy Coordinator
333 North River Road
14th Floor, Tower A
Vanier, Ontario
K1A 0L8
as they may hold that information. Please refer to the following website for contact information:
http://www.tbs-sct.gc.ca/hgw-cgf/oversight-surveillance/atip-aiprp/coord-eng.asp
Please be advised that you are entitled to submit a complaint regarding the processing of your request to the Office of the Privacy Commissioner. The complaint form can be retrieved at:
Should you have any questions, please do not hesitate to contact us by email at ATIP-AIPRP@cic.gc.ca.
Sincerely,
ATIP Officer
Immigration, Refugees and Citizenship Canada
PLEASE QUOTE OUR FILE NUMBER IN ANY FOLLOWING CORRESPONDENCE
IRCC adheres to the “10 Principles for Assisting Applicants,” which are listed on the following website: www.cic.gc.ca/dutytoassist
This message is intended solely for the individual or entity to whom it is addressed. It contains privileged and confidential information which is not to be disclosed without the sender's express consent. If you are not the intended recipient of this message or an authorized representative thereof, please notify the sender by email and then destroy this message as well as all other existing copies.
Hello.
On 2023-11-10 I received an email from your office asking if I still wanted to proceed with receiving the GCMS/FOSS/CAIPS records in this matter. On 2023-11-12, I responded stating, yes I would still like to receive the latest GCMS and CAIPS records.
Are you now saying that even my GCMS and CAIPS records are being exempted under sections 26 and 22(1)(b)?
And regarding your reliance on section 16(2) of the Privacy Act, having read it, it is my understanding that it authorizes refusal "to disclose any record requested under this Act that contains information that could reasonably be expected to facilitate the commission of an offence".
- I don't see how that authorizes a refusal to confirm or deny the *existence* of those records; and
- if the information is about me then I don't see how my having that information can be used to facilitate an offense.
Please advise if you will be providing my up to date GCMS and CAIPS records.
Thank you,
Patrick Fox
Thank you for contacting the Access to Information and Privacy Office.
You are entitled to submit a complaint to the Office of the Information Commissioner of Canada (OIC) regarding the processing of your request within 60 days of the issuance of the response letter.
For additional information on how to submit a complaint, visit the OIC website at www.oic-ci.gc.ca.
To learn more about our Access to Information and Privacy, please visit us at the following: http://www.cic.gc.ca/english/DEPARTMENT/atip/index.asp
Regards,
Client Service Representative | Représentant du service à la clientèle.
Access to Information and Privacy | Accès à l’information et protection des renseignements personnels
Citizenship and Immigration Canada | Citoyenneté et Immigration Canada
Government of Canada | Gouvernement du Canada