ARCHIVED - Immigration and Refugee Board of Canada

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

Message from the Chairperson

I am pleased to present the 2008-09 Performance Report for the Immigration and Refugee Board of Canada (IRB). This report is a balanced and comprehensive review of the IRB's performance and accomplishments as set against stated plans and priorities for 2008-09.

The IRB is an independent tribunal entrusted by Parliament with the resolution of immigration and refugee cases efficiently, fairly and in accordance with the law. Through the work of its three divisions, namely the Refugee Protection Division (RPD), the Immigration Division (ID) and the Immigration Appeal Division (IAD), the Board contributes directly to Canada's humanitarian traditions, the security of Canada and the quality of life of Canadians.

2009 marks the 20^th anniversary year of the IRB. I take this opportunity to recognize the dedication, professionalism and integrity of our personnel, who are vital to the Board's success in fulfilling its mission and ensuring that it maintains the trust and confidence of those who appear before it, Parliament and the Canadian public.

The Board continued to experience workload challenges in 2008-09, marked by a rising intake in all three divisions and a shortfall in its complement of Governor in Council (GIC) decision-makers in the RPD and the IAD. Although appointments and reappointments accelerated sharply toward the end of the reporting period, the pending inventory and average case processing time have nonetheless continued to grow in both divisions.

Our transformation agenda

The IRB is committed to maximizing the efficiency of its operations. To this end, it continued to pursue a multi-faceted transformation agenda, which included cross-divisional integration, internal process enhancements and integrated adjudicative support. With a focus on early resolution and innovative adjudicative and case management strategies, the Board has achieved significant improvements in decision-maker productivity, without compromising fairness.

Delivering results for Canadians

All three divisions finalized more cases than projected in 2008-09. Productivity was especially high in the ID, which concluded the largest number of admissibility hearings and detention reviews since 2001-02. Quality of decision-making also continued to be a priority over the year, with the proportion of decisions set aside by the Federal Court and sent back to the Board to be reheard remaining at less than one percent.

Improved governance

Following a wide-ranging review of its governance framework in 2007-08, the Board made a number of changes to its management structures during the reporting period to reinforce the primacy of case resolution as the IRB's core business and to strengthen accountabilities. Other measures taken include enhanced oversight of key corporate support functions and the establishment of additional management "cross-walks" that allow for improved coordination and communication among decision-making and adjudicative and corporate support functions across the organization.

The challenges ahead

The environment in which the IRB operates is complex and unpredictable, as the number and type of cases we receive are influenced by shifting migration patterns, refugee movements and other factors beyond our control, including the decisions of Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA).

In the year ahead, the IRB will continue to work with the Minister and the Government to identify qualified candidates for appointment as GIC decision-makers. However, even with a full complement of decision-makers in place, since funding is based on former, significantly lower intake levels, the Board lacks sufficient capacity to address the current intake in the RPD and the IAD. Without additional funding to match the number of new cases that we receive, over which we have no control, the pending inventory and average case processing time will continue to grow. This is particularly the case in the RPD, where the pending inventory stood at 58,000 cases at the end of the reporting period, and is projected to increase further in 2009-10. Similarly, the average case processing time for refugee protection claims is expected to grow from 16.4 months in 2008-09.

While the IRB is engaged in ongoing discussions with the Government to secure the funding necessary to address this situation, in the interim we are committed to pursuing operational efficiencies and other measures that will allow us to respond to our growing workload as effectively as possible with our current resources.

 

---

Section I – Overview

Raison d’être and Responsibilities

The IRB is an independent, accountable administrative tribunal that was created on January 1, 1989, by an amendment to the Immigration Act.

In 2002, the Immigration Act was replaced by the Immigration and Refugee Protection Act (IRPA) from which each IRB division gets its mandate.

IRB Division Mandates

Refugee Protection Division (RPD)
Decides claims for refugee protection Decides applications for vacation of refugee protection Decides applications for cessation of refugee protection
Immigration Division (ID)
Conducts admissibility hearings for foreign nationals or permanent residents who seek entry into Canada, or who are already in Canada and are alleged to be inadmissible Conducts detention reviews for foreign nationals or permanent residents who are detained for immigration reasons
Immigration Appeal Division (IAD)
Hears appeals of family sponsorship applications refused by Citizenship and Immigration Canada (CIC) Hears appeals from certain removal orders made against permanent residents, Convention refugees and other protected persons, and holders of permanent resident visas Hears appeals by permanent residents against whom a CIC officer outside Canada has decided that they have not fulfilled their residency obligation Hears appeals by the Minister of Public Safety of ID decisions at admissibility hearings

Regional Operations

The IRB carries out its work in three regional offices in Toronto, Montréal and Vancouver: the Central Region, responsible for Ontario, except for the Ottawa area; the Eastern Region, responsible for Quebec, Ottawa and the Atlantic provinces; and the Western Region, responsible for the Western provinces. All three divisions hold hearings in these regions, supported by operational and adjudicative support. The IRB also has offices in Calgary and Ottawa in which hearings are held. Internal and support services are managed at IRB Headquarters, located in Ottawa.

Administrative Justice

Through each division, the IRB strives to deliver a simpler, more accessible and faster form of justice than that provided by the courts, but with no less attentiveness to procedural fairness, the rigour of the law and its application to the particular facts of each case. The IRB applies the principles of administrative law, including natural justice, in its proceedings and resolutions, and decisions are rendered in accordance with the law, including the Canadian Charter of Rights and Freedoms.

The IRB is committed to fairness in all aspects of its work. The Board respects the dignity and diversity of individuals who appear before it, some of whom have experienced very difficult circumstances.

Benefits for Canadians

Immigrants and refugees have always contributed significantly to Canada's growth and development. The IRB ensures continued benefits to Canadians in three important ways:

• In hearings of refugee claims, it ensures that Canada accepts those in need of protection in accordance with international obligations and Canadian law
• In hearings on admissibility and detention reviews, it helps ensure the security of Canadians
• As an independent tribunal for resolving sponsorship, removal order and residency obligation appeals, it helps to promote family reunification, helps ensure Canadians' safety and security, and safeguards the integrity of Canada's immigration system

The IRB also contributes more broadly to the quality of life of Canada's communities by strengthening our country's social fabric and by reflecting and reinforcing core values that are important to Canadians. These include respect for human rights, security, fairness, peace and the rule of law.

Strategic Outcome and Program Activity Architecture (PAA)

Based on its legislated mandate and its currently approved PAA, the IRB has a single strategic outcome and three program activities that include responsibility for all tribunal decisions and resolutions. The fourth program activity, Internal Services, supports the first three as illustrated by the figure below.

[D]

Performance Summary

2008-09 Financial Resources ($ millions)

Planned Spending	Total Authorities	Actual Spending
113.4	124.4	114.7

2008-09 Human Resources (FTEs)

Planned	Actual	Difference
1,025	987	(38)

Total authorities increased by $11 million from planned spending primarily due to $5.3 million in compensation for collective agreements and $4.7 million carried forward from 2007-08. Actual Spending was approximately $10 million less than the Total Authorities and is mainly attributable to a lower volume of translations of decisions ($5.5 million) and to delays in appointments of decision-makers and staffing of public service positions ($4.2 million).

Performance Summary Table

Strategic Outcome: Resolve immigration and refugee cases before the Immigration and Refugee Board of Canada efficiently, fairly and in accordance with the law
Performance Indicator 1	Target	2008-09 Performance
Percentage of IRB decisions overturned by the Federal Court	Less than 1 percent	The IRB exceeded its performance target with less than 0.3% of decisions overturned by the Federal Court

($ millions)

Program Activity 2	2007-08 Actual Spending	2008-09				Alignment to Government of Canada Outcomes 3
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Refugee Protection Program Activity	75.4	80.8	80.8	88.7	82.5	A safe and secure world through international cooperation
Admissibility Hearings and Detention Reviews Program Activity	12.7	15.2	15.2	17.2	13.7	A safe and secure Canada
Immigration Appeal Program Activity	15.2	17.4	17.4	18.5	18.5	A vibrant Canadian culture and heritage 4
Sub-total	103.3	113.4	113.4	124.4	114.7
Services received without charge 5	18.4		19.6		21.2
Total	121.7		133.0		135.9

Note 1: See more detailed performance indicators for each of the program activities in Section II.

Note 2: Consistent with the Main Estimates, funds for Internal Services were allocated to the core program activities based on respective expenditures trends. For 2008-09 Actual Spending, a total of $30.3 million was proportionally allocated as follows: $21.5 million to Refugee Protection, $4.6 million to Admissibility Hearings and Detention Reviews and $4.2 million to Immigration Appeal.

Note 3: Alignment to Government of Canada (GOC) outcomes and benefits for Canadians are further discussed in Section II under each of the program activities.

Note 4: Through its removal orders work, the Immigration Appeal program activity also contributes to the Safe and Secure Canada outcome area.

Note 5: These services represent mainly accommodations provided by Public Works and Government Services Canada (PWGSC) as well as government payments to employee insurance plans.

IRB Strategic Priorities

In its 2008-09 Report on Plans and Priorities (RPP), the IRB identified three strategic priorities. As described in the table below, these priorities contributed to the achievement of the IRB's strategic outcome by ensuring that the IRB's plans, activities and expected results emphasize quality, consistency and efficiency across the organization, foster an open environment that values its people, and promote flexibility, accountability and continuous improvement.

Contribution of Priorities to Strategic Outcome

Strategic Outcome: Resolve immigration and refugee cases before the Immigration and Refugee Board of Canada efficiently, fairly and in accordance with the law
Priorities	Type	Status
Manage the case inventory through innovative adjudicative and case management strategies	Operational Ongoing	Successfully met. Adjudicative and case management strategies were developed and implemented in all three divisions promoting quality decision-making and improving consistency in approach to common issues such as requests for postponements and adjournments. Further improvements were made to adjudicative support, early resolution of cases, case readiness procedures and proactive hearings.
Further integrate the work of the IRB to promote effective management	Management Previously committed to	Successfully met. The Board further integrated the work of the IRB by promoting effective and clear management responsibilities and accountabilities and by improving the Board's organizational design. The IRB also continued to implement financial and non-financial management processes such as the Management, Resources and Results Structure (MRRS), the PAA and the corresponding performance measurement framework and worked towards the full integration of the IRB's business planning cycles.
Continue to build a flexible organization with clear accountabilities, ethical behaviour, leadership and operational capacity	Operational Previously committed to	Mostly met. Following the recommendations of the Roles and Responsibilities Review, an action plan was implemented to reform IRB governance. The IRB instituted a new code of conduct applicable to all quasi-judicial decision-makers of the Board. The IRB restructured its advisory committees and created an independent audit committee. These changes will improve accountabilities, senior management decision-making support and enhance oversight of IRB activities. A significant portion of the IRB's operational capacity comes from its complement of decision-makers. Recruitment and selection efforts were intensified in order to ensure that the Government was provided with a sufficient pool of qualified candidates for appointment by the GIC to the RPD and the IAD. During the reporting period, appointments and reappointments of GIC decision-makers to the Board fell short of the vacancy rate, therefore the IRB could not benefit from its funded operational capacity to resolve cases. The consequences are discussed further in the report.

Risk Analysis

Operating Environment

The IRB carries out its mandate within a complex and ever-changing environment. Both international and domestic factors influence the IRB's operating environment. Conflicts and country conditions abroad can result in refugee movements, which affect the number of refugee protection claims made in Canada. Similarly, shifts in international migration patterns and the introduction of stricter policies by other receiving countries impact the number of people seeking admission to Canada.

Refugee populations. The report Asylum Levels and Trends in Industrialized Countries, 2008, published by the United Nations High Commissioner for Refugees (UNHCR), shows that the number of asylum claims submitted in industrialized countries in 2008 rose by 12 percent compared to 2007. An estimated 383,000 claims were recorded in the course of the year, 41,600 more than the previous year. During this period, only the United States received more claims than Canada among the countries surveyed.

In North America, an estimated 86,000 new asylum applications were submitted in 2008, 6,900 claims or 9 percent more than in 2007. The United States registered approximately 49,000 new applications, a 3 percent drop compared to 2007, whereas Canada saw a dramatic 30 percent increase to approximately 36,000 new applications, mainly linked to the higher numbers of Mexican and Haitian asylum-seekers.

Growing trend of family sponsorships. Immigration continues to be important for Canada, as immigrants represent an increasing proportion of the population. Canada's population of immigrants is expected to reach between 7.0 and 9.3 million by 2017. It is within this context, and consistent with the Government's objective of promoting family reunification, that family-class sponsorship applications have increased. With this increase, it is expected that the IRB will continue to receive a high number of family sponsorship appeals.

Challenges

Appointment of decision-makers. In order to resolve refugee protection claims and immigration appeals referred to it, the IRB depends on decision-makers who are appointed by the Governor in Council (GIC) following a rigorous merit-based selection process. During 2008-09, the IRB made considerable efforts to recruit, select and recommend to the Minister suitable candidates for appointment to the Board. Once appointed, it takes approximately six months to train new decision-makers and for them to acquire the experience to become fully productive. During a period of a series of transitions in government between 2004 and 2008, appointments and reappointments of GIC decision makers to the Board did not keep pace with expired mandates, resignations and vacancies. As noted in the 2009 Status Report of the Auditor General of Canada, the high number of IRB member vacancies has had a significant impact on the Board's capacity to process cases on a timely basis.

Increase in intake and pending case inventory. During 2008-09, the IRB experienced an increase in its intake and pending inventory. The growing inventory is primarily attributable to two external factors: an increased number of refugee protection claims referred and immigration appeals filed; and a decrease in timely appointments and reappointments of GIC decision-makers. Both factors are outside the IRB's control. The IRB is currently funded to finalize 25,000 refugee protection claims and 6,500 immigration appeals per year. At the end of March 2009, there were approximately 58,000 refugee protection claims and 10,600 immigration appeals pending. If intake levels and resource levels remain constant, it is expected that the inventory will continue to grow, even with a full complement of decision-makers. While the IRB will continue to seek opportunities to further increase its productivity, rising caseload pressures in the RPD and the IAD are such that changes to resource levels will be required to return the pending inventory to normal operating levels.

Expenditure Profile

Spending Trend 2005-06 to 2008-09

[D]

There has not been any significant difference between Main Estimates and Planned Spending over the last four years. Main Estimates and Planned Spending amounts have been constant during the period with the exception of 2006-07, which included sunset funding of $4 million for both administrative measures related to refugee determination and reduction in the inventory of parents and grandparents sponsorship appeals. The difference between Planned Spending and Total Authorities is due to compensation for collective agreements and funding carried forward from the previous year. For Actual Spending, lower expenditures in 2007-08 were primarily due to delays in the appointment and reappointment of GIC decision-makers and vacant public service positions. Actual Spending for 2008-09 includes approximately $5 million in additional compensation for collective agreements.

Voted and Statutory Items
($ millions)

Vote # or Statutory Items (S)	Truncated Vote or Statutory Wording	2006-07 Actual Spending	2007-08 Actual Spending	2008-09 Main Estimates	2008-09 Actual Spending
10	Program expenditures	99.2	92.1	100.6	102.7
(S)	Contributions to employee benefit plans	11.2	11.2	12.8	12.0
Total		110.4	103.3	113.4	114.7

• Previous Page
• Table of Contents
• Next Page