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This section provides a performance summary as well as information on overall financial and human resources for the IRB's four program activities during the 2008-09 reporting period.
As discussed in Section I, based on the IRB's legislated mandate and approved PAA, the IRB has a single strategic outcome and three program activities that include responsibility for all tribunal decisions and resolutions. These are supported by Internal Services, which is the fourth program activity.
The results presented in this performance report are based on the plans and expected results presented in its corresponding RPP. A key part of the RPP was the identification of initiatives from the plans and expected results that are of common interest to all IRB program activities. These program activities resulted in the IRB being able to meet its 2008-09 strategic priorities and strategic outcome. The results are presented in the following table.
Strategic Outcome: Resolve immigration and refugee cases before the Immigration and Refugee Board of Canada efficiently, fairly and in accordance with the law | ||
Strategic Priority 1: Manage the case inventory through innovative adjudicative and case management strategies | ||
---|---|---|
Plans | Performance Status | Performance Summary |
Focus on Integrated Case Management System (ICMS) maintenance and regional processing through the release of system improvements; review of reporting functionality so reports may better support senior management decision-making and case management; enhanced regional training efforts | Somewhat Met |
|
Initiate consultations to map the business process and develop business requirements for the ID | Somewhat Met |
|
Develop the National Reasons Database | Mostly Met |
|
Develop a framework for the use of videoconferencing and new technology across the divisions | Somewhat Met |
|
Hearing readiness: take pre-hearing action to ensure that files are hearing-ready and to facilitate proactive hearings | Mostly Met |
|
Assessment of the revised ID-IAD streamlining process and consideration for expansion to other regions | Mostly Met |
|
ID-IAD implementation of new legislation with respect to section 86 of the IRPA dealing with non-disclosure of information and use of special advocates | Mostly Met |
|
Deliver focused training on priority topics in order
to:
|
Mostly Met |
Training remained a priority due to the number of new
and less experienced decision-makers:
|
Liaise with Canada's administrative justice community and international partners in order to benefit from their experiences and best practices in the area of adjudicative and case management initiatives | Met All |
|
Strategic Priority 2: Further integrate the work of the IRB to promote effective management | ||
Assess the IAD-RPD Western Region Integration pilot project and consider expansion to other regions | Met All |
|
Develop a common approach to reducing adjournments/ postponements across the divisions | Somewhat Met |
|
Strategic Priority 3: Continue to build a flexible organization with clear accountabilities, ethical behaviour, leadership and operational capacity | ||
Implement an action plan further to the recommendations of the Roles and Responsibilities Review | Met All |
|
Implement the revised IRB Code of Conduct for all decision-makers | Met All |
|
Revise the complaint protocol and process for GIC decision-makers | Mostly Met |
|
Pursue recruitment efforts of GIC decision-makers for the RPD and the IAD | Exceeded |
|
Put resource planning in place to ensure that the IRB has the necessary complement of decision-makers and the necessary support for new decision-makers throughout their integration | Met All |
|
Review and update accountability profiles for GIC decision-makers and develop guidelines on the application of GIC terms and conditions of employment | Somewhat Met |
|
The RPP also identified the plans, expected results and operations that are distinct to each of the four IRB program activities and contributed to achieving the IRB's strategic priorities for 2008-09 and the IRB's strategic outcome. The results for each of the program activities are highlighted in the following pages.
The Refugee Protection Division (RPD) delivers the IRB's Refugee Protection program activity. It determines claims for refugee protection made in Canada. Processing of refugee claims is the main focus of the IRB's activities and resources. Through the work of the RPD, Canada fulfills its obligations as a signatory to a number of international human rights conventions. | 2008-09 Highlights |
|
2008-09 Financial Resources ($ millions) |
2008-09 Human Resources (FTEs) |
||||
---|---|---|---|---|---|
Planned Spending |
Total Authorities |
Actual Spending |
Planned | Actual | Difference |
80.8 | 88.7 | 82.5 | 780 | 743 | (37) |
Strategic Priority 1 Manage the case inventory through innovative adjudicative and case management strategies |
||
---|---|---|
Plans |
Performance Status |
Performance Summary |
Implement a case management strategy to minimize the growing backlog of pending claims | Met All |
|
Develop and implement an adjudicative strategy to ensure quality and efficiency of decision-making | Met All |
|
Assess the RPD Language Analysis pilot project and present results to the Policy Advisory Committee | Mostly Met |
|
Develop the next steps for the Early Information Gathering (EIG) initiative | Somewhat Met |
|
Improve the National Documentation Packages (NDPs) | Met All |
|
Decision-makers. The RPD depends on experienced, highly trained decision-makers to provide well-reasoned quality decisions in a timely manner. Throughout 2008-09, the RPD operated with approximately 40 fewer decision-makers than its funded complement. Losses in experienced decision-makers were due to expired mandates, resignations, or reappointments not being made. Although the pace of GIC appointments quickened in the last quarter of the fiscal year, the shortfall in decision-makers hampers the RPD's ability to resolve more cases more quickly.
Pending case inventory. The RPD began the fiscal year with a pending inventory of approximately 42,000 cases. The Division received an additional 36,000 new refugee claim referrals in 2008-09. With the number of decision-makers available and their level of experience, the RPD finalized 20,000 claims. This resulted in a pending inventory of 58,000 claims at the end of 2008-09. With the RPD currently funded to decide 25,000 claims per year, the inventory has increased beyond our capacity to resolve within existing resource levels. Without increased resources for the RPD, refugee claimants, many of whom come from difficult circumstances, will face the added stress and uncertainty associated with lengthy delays in the resolution of their claim.
Business improvements, productivity increase. RPD decision-makers have increased their productivity, from finalizing an average of 3.8 cases per week per decision-maker during 2007-08 to 4.0 cases in 2008-09. This 5 percent increase was obtained through training, implementation of new procedures, internal process improvements, and strategic monitoring of postponements and adjournments, and of time taken to render reasons.
In the Eastern Region, the RPD introduced a new initiative through which a number of cases that are simple and involve the same counsel are scheduled together and decisions are rendered mostly orally. The initiative has resulted in more cases being resolved without the addition of new resources. This initiative could yield even better results with improved liaison with counsel and expansion to other regions.
Through the work of the Refugee Protection program activity, Canada accepts only those refugee claimants in need of protection. Canada provides a safe haven to persons with a well-founded fear of persecution, as well as to those who face a danger of torture or a risk to their life or a risk of cruel and unusual treatment or punishment. This contributes to a safe and secure world environment through international cooperation.
The Immigration Division (ID) delivers the Admissibility Hearings and Detention Reviews program activity. It holds hearings for foreign nationals or permanent residents who, under the provisions of the IRPA, are alleged to be inadmissible to Canada or are detained. Detainees must be seen by the ID within 48 hours after being taken into detention or without delay afterwards and subsequent reviews must be conducted within specific statutory timeframes. Decision-makers must balance the right to individual liberty with the security interests of Canadians. | 2008-09 Highlights |
|
2008-09 Financial Resources ($ millions) |
2008-09 Human Resources (FTEs) |
||||
---|---|---|---|---|---|
Planned Spending |
Total Authorities |
Actual Spending |
Planned | Actual | Difference |
15.2 | 17.2 | 13.7 | 105 | 104 | (1) |
Strategic Priority 1 Manage the case inventory through innovative adjudicative and case management strategies |
||
---|---|---|
Plans |
Performance Status |
Performance Summary |
Continue to implement a strategic approach to quality decision-making | Met All |
|
Pursue cross-regional consistency efforts within the ID | Met All |
|
Increase in intake. The number of cases reviewed by the ID depends on the number of cases referred by the CBSA. Over the past four years, referrals of admissibility hearings have increased by 29 percent while referrals of detention reviews have increased by 19 percent (excludes cases resolved without a hearing). Through further enhanced efficiencies, the ID has continued to manage the increased workload within existing resources and has been able to conclude cases within the legislated timeframe for detention reviews.
Admissibility hearings. During 2008-09, the ID finalized 3,150 admissibility hearings, 12 percent more than the previous year. Of the admissibility hearings finalized, 74 percent resulted in a removal order being issued because the person was determined inadmissible, 3 percent resulted in permission to enter or to remain in Canada, 7 percent were subject to the withdrawal of the inadmissibility allegation by the CBSA at the hearing, and 14 percent were closed after the person failed to appear for the hearing.
Detention reviews. During 2008-09, the ID finalized approximately 18,300 detention reviews, 14 percent more than the previous year. Close to 5,300 detention reviews were finalized without a decision because the case was rescheduled or the person had been removed, released or detained by courts prior to a scheduled review. The remaining 13,000 detention reviews were finalized with a decision, a 9 percent increase over the previous year.
In most of its activities, the ID met expectations and in some cases exceeded them. As mentioned in the RPP, the ID had planned to publish two persuasive decisions as models to guide and assist in future decisions. However, after further evaluation, the ID determined that a framework of analysis better suits the needs of ID decision-makers and contributes to improved consistency in decision-making. A first framework of analysis on equivalency of foreign convictions was developed and work to develop other frameworks of analysis will continue in 2009-10.
The ID renders decisions that maintain the security of Canadian society and uphold Canada's reputation for justice and fairness to individuals. It is with this sense of responsibility that the IRB maintains the balance between individual rights and the security of Canadians.
The Immigration Appeal Division (IAD) delivers the Immigration Appeal program activity. It hears immigration appeals from Canadian citizens and permanent residents whose applications to sponsor close family members to Canada have been refused. Other key functions include hearing appeals from permanent residents, foreign nationals with a permanent resident visa and protected persons who have been ordered removed from Canada, and permanent residents outside Canada who have not fulfilled their residency obligation. | 2008-09 Highlights |
|
2008-09 Financial Resources ($ millions) |
2008-09 Human Resources (FTEs) |
||||
---|---|---|---|---|---|
Planned Spending |
Total Authorities |
Actual Spending |
Planned | Actual | Difference |
17.4 | 18.5 | 18.5 | 140 | 140 | 0 |
Strategic Priority 1 Manage the case inventory through innovative adjudicative and case management strategies |
||
---|---|---|
Plans |
Performance Status |
Performance Summary |
Implement an inter-regional case inventory management plan, including continuation of the Central Region IAD's backlog reduction plan | Met All |
|
Develop and implement adjudicative strategies to
enhance consistency in decision-making. Areas may
include:
|
Met All |
|
Increase the early resolution of appeals without a hearing: assess and improve Early Informal Resolution (EIR) and Alternative Dispute Resolution (ADR) | Mostly Met |
|
Assess the effectiveness of initiatives and case streaming implemented under IAD Innovation | Mostly Met |
|
Decision-makers. The IAD depends on highly trained decision-makers to conduct fair and efficient hearings, and provide well-reasoned quality decisions in a timely manner. Throughout 2008-09, the IAD operated with an average of 9 fewer decision-makers (or 25 percent) than its funded level. While the pace of appointments and reappointments increased toward the end of the reporting period, the lack of a large group of experienced decision-makers raises challenges in maximizing productivity and managing the Division.
Key statistical highlights. In 2008-09, 7,400 appeals were filed. This was a record high: an increase of 9 percent in comparison with 2007-08 and an increase of 72 percent in comparison to pre-IRPA levels. The Division's productivity remained high with 6,300 finalizations (almost 7,000 when adding stays of removal orders). This resulted in a pending inventory of almost 10,600 cases at year-end, an increase of 12 percent over the previous year. The average case processing time increased by 11 percent to 11.1 months. The increase in the average cost is primarily due to a larger share of internal services costs as well as increased salary costs resulting from collective agreements.
Business improvements. Despite a shortage of decision-makers, the IAD dealt with its caseload by using innovative and effective case management and adjudication strategies to promote best practices and cross-regional consistency. New initiatives were implemented to maximize early resolution and ensure files were hearing-ready. With increased use of the IAD's successful Alternative Dispute Resolution (ADR) program, the number of appeals completed without a hearing rose by 6 percent from the previous fiscal year. Paper hearing processes and more proactive hearings were also key to increasing the IAD's effectiveness and efficiency.
During a period of a shortfall in decision-makers, having strong adjudicative support is especially important for sustaining high productivity through increased hearing readiness and early resolution of cases. The flexible sharing of decision-maker resources among regions continued to be crucial to the IAD's efforts to address the backlog in Central Region appeals. The need to coordinate resources with the CBSA continued to be a challenge in many areas where the cooperation of Minister's counsel is important, for example, for the ID-IAD streamlining of removal order appeals and for hearings in which the Minister's counsel appears only through written submissions. The IAD will capitalize on these lessons and continue to improve its efficiency and productivity.
Through its sponsorship appeals work, the IAD recognizes the contributions of immigrants to the strength and vitality of Canadian society and culture, as well as the Government's commitment to family reunification. Through its work on removal order appeals, the IAD enhances public safety while maintaining the balance with individual rights.
Internal Services are groups of related activities and resources required to support the needs of all three tribunal programs and other corporate obligations of the IRB. These services are: Management and Oversight, Communications, Legal, Human Resources Management, Financial Management, Information Management, Information Technology, Materiel, Acquisition, and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided to a specific program. | 2008-09 Highlights |
|
2008-09
Financial Resources ($ millions) |
2008-09 Human
Resources (FTEs) |
---|---|
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. | In the same manner, Full Time Equivalents (FTEs) for Internal Services were allocated to the core program activities. For 2008-09, a total of 253 FTEs were proportionally allocated as follows: 191 FTEs to Refugee Protection, 35 FTEs to Admissibility Hearings and Detention Reviews and 27 FTEs to Immigration Appeal. |
Strategic Priority 2 Further integrate the work of the IRB to promote effective management |
||
---|---|---|
Plans |
Performance Status |
Performance Summary |
Develop the Management, Resources and Results Structure (MRRS), the Program Activity Architecture (PAA) and the corresponding performance measurement framework | Mostly Met |
|
Implement the IRB's Core Management Controls Action Plan | Met All |
|
Further integrate HR, financial and IT planning into the IRB's business planning cycles | Somewhat Met |
|
Further implement a comprehensive Procurement and Asset Management Program | Mostly Met |
|
Implement a corporate consultation framework | Met All |
|
Further focus the IRB's international activities into a cohesive program that assists the IRB in achieving its international objectives while balancing the numerous requests for international participation against available resources | Mostly Met |
|
Strategic Priority 3 Continue to build a flexible organization with clear accountabilities, ethical behaviour, leadership and operational capacity |
||
Further implement the three-year Employment Equity (EE) Strategy | Mostly Met |
|
Implement the new Official Languages (OL) Policy | Mostly Met |
|
Implement key Public Service Renewal activities through the consolidation of HR modernization initiatives | Mostly Met |
|
Develop a Values and Ethics Framework for IRB employees based on the new TBS Charter | Somewhat Met |
|
Management and oversight. At the end of the 2008-09 reporting period, the IRB restructured its senior advisory committees and created an independent audit committee. These changes, in conjunction with the implementation of the Chief Financial Officer (CFO) model, which is planned for 2009-10, will improve senior management decision-making support and enhance oversight for the Board's activities.
Communications. Through participation in outreach events and conferences, the IRB continued to develop its relationship with non-government organizations, stakeholders and other groups. Through national meetings of the Consultative Committee on Practices and Procedures (CCPP) and regional stakeholders meetings, IRB personnel and stakeholders had exchanges on key policy and procedural issues, which resulted in improved understanding and cooperation. Furthermore, in an effort to enhance its relationships with stakeholders, the IRB revised its consultation framework to coordinate and target its outreach activities more effectively and allow for improved information sharing.
Legal. In 2008-09, Legal Services continued to provide legal advice in support of all of the IRB's strategic priorities including streamlining and integration of special advocates in non-disclosure proceedings pursuant to section 86 of the IRPA. It also supported a broad range of corporate activities including human resources, procurement and GIC Secretariat Services activities. Training and support of Board decision-makers, especially those newly appointed, was a priority. Legal Services took a lead role in the IRB's successful intervention in the Khosa case before the Supreme Court of Canada. In Khosa, the Court recognized the IAD's authority to independently assess evidence previously presented in criminal courts, and granted greater deference to IAD decision-makers in judicial reviews of the exercise of the IAD's discretionary jurisdiction in removal order appeals. This may result in fewer IAD decisions being overturned by the Federal Court.
Human resources management. In 2008-09, the IRB continued to foster an environment where people management is recognized as a priority in achieving its strategic outcome. A Corporate Integrated Human Resources Plan was developed, which outlines the key people management priorities that the Board will focus on for the next three years. These priorities are in line with the organizational strategic priorities and the broader goals of the Government's Public Service Renewal Action Plan.
Financial management. A major accomplishment for 2008-09 was the testing of Version 6.2 of the departmental financial management system as well as its implementation in the IRB. A reallocation review was also completed in preparation for the financial pressures facing the Board as well as the Strategic Review for 2009-10.
Information management. In 2008-09, the IRB started a national clean-up of all files stored in Federal Record Centres and private warehousing facilities. This project is expected to continue for the next four years. A draft of a new function-based file classification structure was also completed at the end of March 2009.
Information technology (IT). In 2008-09, the IRB developed its first three-year IT strategic plan. The three-year plan will allow the Board to align and integrate its IT strategies and architecture with business requirements and priorities, which will result in improved business performance.
Procurement and assets management. The IRB's procurement program has been significantly improved and now reflects a consistent IRB-wide approach to file management, reporting, and application of Treasury Board Secretariat (TBS) and Public Works Government Services Canada (PWGSC) policies and procedures. The IRB has implemented software that will track IT and non-IT assets, which will be implemented in the regions in the near future, thereby improving asset management.
Internal audit and evaluation. Near the end of 2008-09, the IRB created an independent office for Internal Audit, reporting directly to the Chairperson. A Chief Audit Executive, who is responsible for overseeing the Internal Audit function, was appointed. The process of establishing the IRB's Departmental Audit Committee was also initiated to provide the Chairperson with independent and objective advice, guidance and assurance on the adequacy of the IRB's control and accountability processes.