Read @mikebrianlang
"An obligation to give reasons might prompt human decision makers to supplement algorithmic processes with contrived estimations about how an algorithm might have weighed a set of factors, even if the actual algorithmic process is programmatically unknowable.
It strikes me as a potentially serious breach of basic fairness to intentionally provide the subjects of decisions manufactured explanations of an outcome affecting their interests."
Michael Lang Reviewing Algorithmic Decision Making in Administrative Law (2021) #cdnimm#Chinook
Link here: Michael Lang, Reviewing Algorithmic Decision Making in Administrative Law, 2021 26-2 Lex Electronica 195, 2021 CanLIIDocs 2276, <canlii.ca/t/tcbx>, retrieved on 2022-08-25
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"Statistics on the use of indicators and word flags are not tracked globally, though the information if present on individual applications would appear in notes in GCMS."
Not really - if it "shows up" only as a redaction for Applicants but can be seen by IRCC/DOJ in litigation.
Also, the fact it is not tracked globally is likely because each Visa Office is given it's own autonomy to do it's own thing - something that will clash with creating a centralized AI-based decision-making system.
For those who insist that we're in some post-racial dream world, here's exhibit 1 - how visa office in Ghana requests the *exact* same documents requested by a visa office in the U.K.
London: if you do not send documents in time it could delay your application.
Ghana: we're going to throw a procedural fairness letter and a request letter together and warn you about s.16 IRPA right away. Note for non-immi folks: this is a way to fast-track a refusal + open up misrep. #cdnimm#racism
Also Ghana: you better answer truthfully or we will refuse you. The word 'refusal' shows up four times in the letter and 'truthful' twice.
Again for non-#cdnimm folks: can refuse a sponsorship on s.16 for not providing docs and s.40 for misrep. Usually a PFL sent IF concerns.
Interesting. We presented on the changes which seemed to suggest visitor record were not going to be issued to accompanying dependents of international students. Now it's changed again and frankly - it's back to the confusion on what helping to establish in Canada means. #cdnimm
CBSA instructions link in the PDIs is broken (cc: @CitImmCanada) but if it were linked correctly you need to go to this link as the actual questionnaire doesn't differentiate between international students/family of international student. travel.gc.ca/travel-covid/t…
In sum, those who are approved with study permits + are bringing accompanying spouse/dependent will get asked about their reason for travel (non-discretionary = help intl student 'establish' in Canada) + importantly demonstrate adequate funds for stay in Canada. #cdnimm#intled
BIPOC lawyer's dilemma (talked about this w/several in circle):
You see injustice/racism in work (place/society). Do you speak out/write/comment/show up?
Evaluate risk: Firm of WM/WW firm partners, be seen as not neutral/objective/activist/distracted/counter client interests.
Choice: You swallow your salty blood-tinged saliva. You make pro forma statement when asked by firm your thoughts in round table discussion. You message BIPOC friends in texts/messages expressing solidarity. You realize you have not shown up as authentic self within both spaces.
Yrs later you hope your historical silence but model minority advocacy (acting on positive stuff, diversity committees, feel good/back pat/raise up all work) gets you enough clout for you to be elevate to partner/get a judicial/board nomination or else focus on family.