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The original version was signed by
The Honourable Jason Kenney
Minister of Citizenship, Immigration and Multiculturalism
Section II – Analysis of Program Activities
Section III – Supplementary Information
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 20th 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.
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.
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.
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 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.
The original version was signed by
Brian Goodman
Chairperson
The IRB is an independent, accountable administrative tribunal that was created on January 1, 1989, by an amendment to the Immigration Act.
Mission
Our mission, on behalf of Canadians, is to resolve
immigration and refugee cases efficiently, fairly and in
accordance with the law
In 2002, the Immigration Act was replaced by the Immigration and Refugee Protection Act (IRPA) from which each IRB division gets its mandate.
Refugee Protection Division (RPD) |
---|
|
Immigration Division (ID) |
|
Immigration Appeal Division (IAD) |
|
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.
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.
Immigrants and refugees have always contributed significantly to Canada's growth and development. The IRB ensures continued benefits to Canadians in three important ways:
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.
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.
Planned Spending | Total Authorities | Actual Spending |
---|---|---|
113.4 | 124.4 | 114.7 |
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).
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 |
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.
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.
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. |
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.
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.
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.
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 |
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.
A complete set of financial statements can be found on the IRB Internet site at http://www.irb-cisr.gc.ca/Eng/brdcom/publications/peren/pages/dpr-rmr09.aspx.
Condensed Statement of Financial Position For the period ending March 31, 2009 |
Percentage Variance | 2009 | 2008 |
---|---|---|---|
Assets | |||
Assets - Total | -28% | 15.1 | 21.1 |
Total | -28% | 15.1 | 21.1 |
Liabilities | |||
Liabilities - Total | 28% | 34.7 | 27.2 |
Equity | |||
Equity - Total | -221% | (19.6) | (6.1) |
Total | -28% | 15.1 | 21.1 |
Condensed Statement of Operation For the period ending March 31, 2009 |
Percentage Variance | 2009 | 2008 |
---|---|---|---|
Expenses | |||
Expenses - Total | 14% | 144.6 | 126.4 |
Revenues | |||
Revenues - Total | 0% | 0 | 0 |
Net Cost of Operations | 14% | 144.6 | 126.4 |
The following electronic tables can be found on the TBS Web site at http://www.tbs-sct.gc.ca/dpr-rmr/st-ts-eng.asp.
Immigration and Refugee Protection Act
(S.C. 2001, c. 27, as amended)
Immigration and Refugee Protection Regulations
(SOR/2002-227, as amended)
Refugee Protection Division Rules
(SOR/2002-228)
Immigration Division Rules
(SOR/2002-229)
Immigration Appeal Division Rules
(SOR/2002-230)
Oath or Solemn Affirmation of Office Rules
(Immigration and Refugee Board of Canada)
(SOR/2002-231)
Visit these links to find out how the IRB processes its cases:
UNHCR Web site: http://www.unhcr.org/cgi-bin/texis/vtx/home
For more information, visit the IRB Web site at
http://www.irb-cisr.gc.ca
or contact the IRB Communications Directorate at 613-947-0803 or one of the IRB offices listed below.
Immigration and Refugee Board of Canada
Minto Place—Canada Building
344 Slater Street, 12th Floor
Ottawa, Ontario K1A 0K1
Tel: 613-995-6486 Fax: 613-943-1550
Eastern Region
200 René Lévesque Boulevard West
Guy-Favreau Complex
East Tower, Room 102
Montreal, Quebec H2Z 1X4
Tel: 514-283-7733 Fax: 514-283-0164
Central Region
74 Victoria Street, Suite 400
Toronto, Ontario M5C 3C7
Tel: 416-954-1000 Fax: 416-954-1165
Western Region
Library Square, Suite 1600
300 West Georgia Street
Vancouver, British Columbia V6B 6C9
Tel: 604-666-5946 Fax: 604-666-3043