AI in Canadian immigration in the 21st century

by Michael Scott

Artificial Intelligence is all the rage in the 21^st century business world and is also an integral part of immigration processing. Immigration, Refugees and Citizenship Canada (IRCC) have adopted AI and advanced analytics to modernize its immigration system, reduce backlogs, and improve processing times. As of early 2026, AI is now integrated into several key stages of the application cycle. Many applicants are wary of the use of AI and wonder what safeguards are employed by IRCC staff to ensure that the adjudication is fair and humanitarian, and that compassionate consideration can be provided or assumed within a mechanical approach.

Some of the core functions of AI can save time and human resources at early stages, such as triage or the sorting of submitted applications. This is something we can all readily understand. The routine cases are fast tracked while complex cases are flagged for deeper manual review by human officers. For routine temporary resident visas and family class sponsorship AI can automatically approve eligibility.

AI also has the potential to identify fraud and provide consistent reporting of security risks. “Chinook” is a modular spread sheet-based tool that simplifies data for faster officer review. It does not rely on machine learning to make decisions. AI ensures that client groups have provided complete and credible contact information to ensure faster responses.

The use of AI to complete the identification portion of application submission does simplify the recording process but it does not explain how AI can be used for reasoning or the assessment of the supporting information provided with application submissions. 

Adjudication involves using artificial intelligence to assist in or automate the legal and administrative decision-making processes. While AI tools are already used for efficiency in tasks like document review and case management, their use in rendering final decisions raises significant legal, ethical, and practical challenges.

The use of AI in the adjudication process in administrative and legal settlings can fall from decision support to full automation. AI does streamline internal operations, such as e-filing, language translation, transcription and case allocation. Advanced AI systems help lawyers and judges sort through vast amounts of legal documents, case files and identify case precedents, and organize supporting evidence more efficiently than human hands alone.

Consider the following application of AI:

• Under Decision Supportlearning models can analyze historical data to provide assessment staff with risk assessment such as the likelihood of recidivism for parole requests or predicate potential case outcomes as an aide to human judgment.
• AI can be used in Online Dispute Resolution(ODR) to facilitate mediation and arbitration for lower-value disputes outside traditional courts such as consumer claims or minor civil matters.
• Automated Decision-Making appears to face use in some specific, low-complexity administrative contexts such as initial unemployment insurance claims or certain debt collection processes. In many such cases AI can make decisions with minimal to no human intervention.

The integration of AI into adjudication is a subject of intense debate due to several critical issues.

There is concern about built in bias or algorithmic bias. The built in bias may contain historical biases and discrimination against groups categorized by race or gender. The danger is that built-in bias can lead to the perpetuation or amplification of systemic injustice.

Many advanced AI models within machine learning algorithms become “black boxes” where the assumed logic behind specific decisions is difficult or impossible to explain. This existence conflicts with the fundamental right of all applicants to reasoned judgment and due process. Lack of Transparency continues to represent a challenge for government and client representatives alike.

It is important for IRCC staff to avoid the dangers of “automation bias” under Human Oversight and Accountability to be aware of the dangers of over relying on AI’s recommendation and the rubber stamping of decisions. It is challenging to assessment staff and client representatives to determine the accountability for flawed decisions.

An over reliance on AI can lead to the loss of human judgment. Critics of AI point to human qualities such as empathy, discretion and the ability to assess unique nuanced circumstances that arise in individual clients are not anticipated by existing mechanical systems.

A case in point is that of excluded family class found in Regulations s. 117(9)(d) where the algorithm can readily identify family members who were not disclosed on the sponsor’s application for permanent residence but not so readily identify the reasons for the omission or the request for humanitarian and compassionate consideration. The Act and the regulations allow for a balancing between the omissions and request for an exception under reasonableness in administrative justice, but would the algorithm balance the two options in its adjudication? It is challenging to argue the one over other before a human judge, one made more difficult if an automated bias is written into the system.

At present the expanded use of AI does involve a persistence in public perception that human adjudication with all its flaws is fairer than machine-based decisions. Regulatory bodies, such as the European Commission for the Efficiency of Justice (CEPEJ) and the Canadian Judicial Council, advocate for caution, emphasizing the need for ethical guidelines, transparency, and the primacy of human judgment in core adjudicative functions. It is a trying time for all concerned, especially the applicants who are not even aware of the debate about AI and its role in immigration processing.

Michael Scott is a Regulated Canadian Immigration Consultant (RCIC, R525678) who has 30 years of experience with Immigration Canada and the Manitoba Provincial Nominee Program. He currently works as a licensed consultant with Immigration Connexion International Ltd. Contact him at 204-691-1166 or 204-227-0292. E-mail: mscott.ici@gmail.com.