ARCHIVED - RPP 2007-2008
Immigration and Refugee Board of Canada

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Section 2: Analysis of Program Activities by Strategic Outcome

Based on the Program Activity Architecture, this section provides information on the plans, expected results and financial and human resources of the IRB in support of the achievement of the Board's strategic priorities and strategic outcome.

Immigration and Refugee Board of Canada

STRATEGIC OUTCOME Provide Canadians with well-reasoned decisions on immigration and refugee matters efficiently, fairly and in accordance with the law.

Program Activity Architecture (PAA)

Refugee Protection Decision-making Decision-making Support   Case Management and Research Translation/Interpretation /Transcription Legal Support Other

Admissibility Hearings and Detention Reviews Decision-making Decision-making Support

Immigration Appeal Decision-making Decision-making Support

Corporate Management and Services Executive Offices Planning Finance and Administration IM/IT Legal Services Human Resources and Professional Development Strategic Communications and Partnerships

As noted in Section 1, the IRB has developed an Integrated Business Plan for 2007-2008 which brings together the plans and expected results for its four program activities. The plan identifies both the common areas of activities and the distinct areas of activities for each program activity that contribute to the achievement of the IRB's strategic priorities and strategic outcome. Presented in this section are the plans and expected results for the Common Elements and for each of the decision-making program activities. The plans and expected results for the Corporate Management and Services program activity are presented in Section 4.

Common Elements:
Plans and Expected Results for 2007-2008

Strategic Outcome: Provide Canadians with well-reasoned decisions on immigration and refugee matters efficiently, fairly and in accordance with the law.
STRATEGIC PRIORITY 1 Consolidate the integration of the work of the Board's divisions to ensure quality, consistency and fairness in the efficient resolution of cases in a time of transition.
Plans	Expected Results
Policy Instruments and Procedures
Elaboration of IRB detention/security framework and implementation of selected elements across the Divisions	Enhanced framework to address detention/security issues developed and in place Elements of the framework are identified as priorities, and are developed and implemented
Initiate the development of a common/shared policy on the use of videoconferencing and new technology	Completed common policy on the use of videoconferencing and new technology
Develop and implement IRB policy governing conduct of representatives	A common approach to dealing with representatives appearing before all Divisions of the IRB
Case Management Strategies
Implement integrated adjudicative support model	More targeted and effective adjudicative support New structure and increased public service expertise and understanding in supporting the work of all three Divisions Flexibility in allocating public service resources between Divisions in response to adjudicative support needs Increased work diversity for tribunal staff and career mobility
Cross-divisional integration initiatives: Western region integration pilot project ID-IAD streamlining pilot project	Successful pilot project to meet operational needs with maximum flexibility for IAD and RPD in Western Region Successful ID-IAD pilot project, with effective participation by appellants' counsel and the CBSA, and beginning of plans to expand nationally
Performance Measures
Continue to develop and refine a standardized approach to present IRB Divisional reports, including meaningful cross-divisional indicators, both quantitative and qualitative	A standardized approach and common presentation for IRB Divisional reports, including both quantitative and qualitative indicators, in order to produce more consistent analyses
STRATEGIC PRIORITY 2 Continue to build an organization that strengthens its operational and leadership capacity, its diversity and its flexibility.
Plans	Expected Results
Pursue recruitment efforts of GICs for RPD and IAD	Conducted recruitment campaigns Effective merit-based selection processes Establishment of a list of successful candidates to meet IRB requirements
Review and deliver comprehensive new member training in light of anticipated renewal of workforce	New decision-makers equipped with the knowledge and skills to perform duties and to facilitate integration initiatives
Develop and implement comprehensive cross-divisional training program for RPD and IAD members and for Tribunal Officers (including joint training where appropriate among all Divisions)	Members are provided with the appropriate tools and training to do their jobs, leading to more RPD and IAD members who are able to conduct proceedings in both Divisions as required (once new members are trained in their primary divisions) Joint training developed for IRB Divisions, with initial focus on RPD and IAD Training program developed against Tribunal Officer competency profile Tribunal Officers equipped with the expertise and skills to provide increased support to Divisions
Deliver focused and quality training on priority topics on an ongoing basis in order to meet the needs of members and to promote quality in handling of cases by staff and members: RPD: state protection, delivery of reasons, exclusion and Vulnerable Persons Guidelines ID: National training session in May 2007, and specific training needs on emerging issues IAD: coordinated with implementation of IAD Innovation, namely streaming, ADR, proactive hearings, various adjudicative strategies, etc. (for both staff and members)	Experienced members of all Divisions equipped with the knowledge and skills in all areas identified by Divisions RPD decision-makers equipped with the knowledge and skills to effectively apply the concepts of state protection and exclusion to their decision-making as well as enhancing their sensitivities toward Vulnerable Persons appearing before them; legal challenges based on flawed application of concept minimized RPD and IAD decision-makers equipped with the knowledge and skills to conduct proactive hearings and deliver effective and sound reasons, including oral reasons where possible National ID training session in May 2007 Focused training session delivered on emerging issues for ID members Expertise maintained on key recurrent and thematic issues (no knowledge gaps across the Divisions) Increased use of Infonet to share decisions among members across Canada in support of increased consistency in decision-making
Action IAD-RPD deployment policy when member complement allows	Spikes in workflow mitigated by movement of decision-makers between Divisions (IAD/RPD) and by bringing on part-time and short-term GIC and public servant appointments, where necessary Increased mobility between Divisions and flexibility in workload planning Operational demand and expertise driving assignments

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Refugee Protection Program Activity

The Refugee Protection Division delivers the IRB's Refugee Protection program activity, and continues to play a pivotal role in enabling the Board to achieve its strategic priorities. A major share of IRB resources is committed to this program activity, which is focused on rendering quality decisions in a consistent, timely manner on refugee protection claims made in Canada.

Financial Resources ($ millions)
2007-2008	2008-2009	2009-2010
85.5	85.4	85.4

Human Resources (Full-time Equivalents)
2007-2008	2008-2009	2009-2010
815	815	815

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2007-2008 Outlook

The uncertainty surrounding appointments and reappointments of decision-makers to the RPD remained constant throughout fiscal year 2006-2007. As 2006 drew to a close, the RPD was short more than 40 decision-makers. As time progresses, decision-makers continue to reach the end of their mandates thus increasing the overall shortfall of decision-makers. New appointments or reappointments must be sufficient enough in number to both make up for the already established deficit of decision-makers, and the ongoing loss of decision-makers, which continues to accrue on a monthly basis.

Because of the uncertainty surrounding the appointments and reappointments of decision-makers to the RPD, a range of finalizations for 2007-2008 is projected. The lower limit of the range assumes that the IRB does not reach its full member complement over the fiscal year; instead half of the members required by end of fiscal year 2006-2007 are appointed to the RPD during 2007-2008. The upper limit of the range is based on the assumption that a full complement of decision-makers is received as of 1 April 2007. Both allow some time for new appointments to acquire the productivity of a seasoned member.

For fiscal year 2007-2008, the Refugee Protection Division expects that it will receive approximately 25,000 new claims, 4 per cent more than in fiscal year 2006-2007. It is expected that 2007-2008 will be marked by an increase in refugee claims from Mexico and claimants deemed eligible to file land border claims through the Canada-U.S. Safe Third Country Agreement.

In 2007-2008, the Refugee Protection Division expects to finalize between 16,000 and 20,000 cases. The upper limit of 20,000 cases is 8 per cent more than in fiscal year 2006-2007. The projected increase in finalizations anticipates the appointment of decision-makers.

Based on 16,000 claim finalizations, the average cost per claim is expected to be $4,700 for 2007-2008; based on 20,000 claim finalizations, the average cost per claim is expected to be $3,900 for 2007-2008. These average costs per claim are higher than the 2005-2006 actual average cost of $3,175 per claim. In 2005-2006, there were 25,400 claims finalized. The increase in average costs for 2007-2008 is mainly attributable to a higher share of fixed costs per unit caused by a drop in volume under both volume finalizations scenarios as well as some salary increases.

The cost per claim includes the decision-making costs and costs of related activities such as case preparation, research, scheduling of hearings, legal services, foreign-language interpretation, technological support, translation services, and administrative support. It also includes a share of the costs from the Corporate Management and Services program activity, which is allocated to the three decision-making program activities, based on expenditure trends.

Due to the increase in the number of claims referred and the low level of finalizations in 2006-2007, some of the successes in reducing the inventory of claims pending accomplished in 2005-2006 and previous years have been lost. Because it is projected that referrals will again surpass finalizations in 2007-2008, the pending inventory could climb to as high as approximately 34,700 claims by the end of the 2007-2008 fiscal year. Further resources may be required in future years to lead to any significant reduction in the pending inventory.

If the projected inventory grows, the average processing time could increase to 13.5 months by the end of 2007-2008.

Key Plans and Expected Results

To achieve its forecasts for fiscal year 2007-2008, and in line with the strategic priorities set out for the organization, the Refugee Protection program activity will undertake the planned activities with the expected results outlined in the following table.

Program Activity: Refugee Protection
Plans and Expected Results for 2007-2008

Strategic Outcome: Provide Canadians with well-reasoned decisions on immigration and refugee matters efficiently, fairly and in accordance with the law.
STRATEGIC PRIORITY 3 Continue to improve adjudicative and case management strategies including the implementation of Stage 1 of the ICMS.
Plans	Expected Results
Mitigate increasing pending inventory, processing times and cost per claim by monitoring and expanding the Fast Track initiative, reducing adjournments and postponements, and through a more sophisticated streamlining	Consistent application of streamlining instructions and relevant and responsive instructions Reduction in postponement rates (assuming sufficient member complement) Pending inventory and processing times managed
Further monitoring of RPD Action Plan in order to ensure implementation	Increased efficiency and consistency in case management Hearings focused on determinative issues
Pursue measures to further streamline RPD processes	Improved streamlining as a result of strict application of rules on disclosure, Guideline on PIF receipt within 28 days and in the application of pre-hearing applications
Continue to implement and monitor the strategic approach to quality adjudicative support and decision-making through quality issue sessions, discussion groups, additional National Documentation Packages, Jurisprudential Guides and Persuasive Decisions, as needed, and Guidelines for Vulnerable Persons	Increased ability to respond to and discuss emerging trends and documentary evidence Quality, consistency and efficiency in decision-making Quality and nationally consistent country documentation Jurisprudence developed with respect to Guideline 8
Launch ICMS Stage 1 for RPD	National deployment of ICMS in April 2007; effective and gradual ramp-up and integration of the application as the primary case management and preparation tool for the RPD as claims are referred post 1 April 2007 Gradual decommissioning of STAR for the RPD within 12 to 18 months

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Admissibility Hearings and Detention Reviews Program Activity

The Immigration Division delivers the IRB's Admissibility Hearings and Detention Reviews program activity. Admissibility hearings are held for foreign nationals or permanent residents who are alleged to be inadmissible to Canada pursuant to the provisions of IRPA. Detention reviews are held for permanent residents and foreign nationals detained under IRPA authority, and must be conducted within specific timeframes set out in IRPA. Decision-makers must balance the rights of individuals to liberty with the security interests of Canadians and persons in Canada. The number of admissibility hearings and detention reviews conducted by the IRB depends on the number of cases referred to it by the CBSA and CIC.

Financial Resources ($ millions)
2007-2008	2008-2009	2009-2010
15.2	15.2	15.2

Human Resources (Full-time Equivalents)
2007-2008	2008-2009	2009-2010
90	90	90

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2007-2008 Outlook

The number of referrals for admissibility hearings has remained stable over the past three years. The Immigration Division expects to finalize 2,300 admissibility hearings in 2007-2008, a decrease of 8 per cent from the estimated 2006-2007 finalizations. The Division also forecasts that it will finalize 2,300 admissibility hearings in both 2008-2009 and 2009-2010.

The number of detention reviews has also remained stable. The Division anticipates that it will finalize approximately 11,500 detention reviews in 2007-2008 and in the following two fiscal years. Ongoing challenges include the pressure associated with meeting statutory timeframes, travelling to detention facilities to conduct reviews and increased public scrutiny in balancing the rights to liberty of individuals with the security of Canadians and persons in Canada. Criminality, an important factor in detention reviews, is an element that is present in a high proportion of cases, particularly those that involve long-term detention.

Based on 2,300 admissibility hearings and 11,500 detention reviews, the average cost is expected to be $1,100 and $800 respectively for 2007-2008. These average costs are slightly higher than the 2005-2006 actual average costs of $1,015 per admissibility hearing finalized and $710 per detention review finalized due mainly to increases in salary wages and increased translation costs.

The cost per admissibility hearing and detention review includes decision-making costs and costs of related activities such as case preparation, scheduling of hearings, legal services, foreign-language interpretation, technological support, translation services, as well as administrative support. It also includes a share of the costs from the Corporate Management and Services program activity, which is allocated to the three decision-making program activities, based on expenditure trends.

Key Plans and Expected Results

To achieve its forecasts for fiscal year 2007-2008, and in line with the strategic priorities set out for the organization, the Admissibility Hearings and Detention Reviews program activity will undertake the planned activities with the expected results outlined in the following table.

Program Activity: Admissibility Hearings
and Detention Reviews
Plans and Expected Results for 2007-2008

Strategic Outcome: Provide Canadians with well-reasoned, timely decisions on immigration and refugee matters efficiently, fairly and in accordance with the law.
STRATEGIC PRIORITY 2 Continue to build an organization that strengthens its operational and leadership capacity, its diversity and its flexibility.
Plans	Expected Results
Pursue succession recruitment efforts and integration of new members	Staffing requirements are met and necessary support provided for the integration of new members Seamless succession and fully qualified members and associated knowledge base available on a continuous basis Implementation of HR plan
STRATEGIC PRIORITY 3 Continue to improve adjudicative and case management strategies including the implementation of Stage 1 of the ICMS.
Plans	Expected Results
Introduce and implement innovative approaches to processes by further developing and promoting tools that will support quality, consistency and efficiency in decision-making	Modernized processes resulting in improved efficiency and productivity Cases dealt with simply, quickly and efficiently in accordance with legislative requirements; movement to core administrative tribunal values and processes: As close as possible to 100% of all conclusions meet the legal time requirement for detention reviews A more streamlined process for admissibility hearings Increased sharing of best practices among regions and decision-makers leading to improved quality and consistency in decisions Increased visibility of the Division internally and externally
Develop harmonized processes and adopt a more flexible resource management approach to help meet the legislative timeframes and operational requirements to achieve finalization of all cases referred to the Division in a timely fashion	Improved efficiency and consistency in case management both at the national and regional levels

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Immigration Appeal Program Activity

The Immigration Appeal Division delivers the IRB's 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, as well as from permanent residents outside of Canada who have not fulfilled their residency obligation.

Financial Resources ($ millions)
2007-2008	2008-2009	2009-2010
13.0	13.0	13.0

Human Resources (Full-time Equivalents)
2007-2008	2008-2009	2009-2010
120	120	120

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2007-2008 Outlook

The uncertainty surrounding appointments and reappointments of decision-makers to the IAD remained constant throughout fiscal year 2006-2007. As 2006 drew to a close, the IAD was short more than one-third of its decision-makers. As time progresses, decision-makers continue to reach the end of their mandates thus increasing the overall shortfall of decision-makers. New appointments or reappointments must be sufficient enough in number, and made on a timely basis, to make up for the ongoing shortfall of decision-makers.

Because of the uncertainty surrounding the appointments and reappointments of decision-makers to the IAD, a range of finalizations for 2007-2008 is projected. The lower limit of the range assumes that the IRB does not acquire its full member complement over the fiscal year; instead the IAD will increase by only half of its new member complement over the course of 2007-2008. The upper limit of the range is based on the assumption that the IAD receives a full complement of decision-makers by the end of the fiscal year 2006-2007, through a combination of reappointments and new appointments. Both the upper and lower limits of the range provide some time for new appointments to meet the potential of a fully productive member.

In fiscal year 2007-2008, the IAD anticipates 6,500 appeals to be filed, which is a volume consistent with the number of appeals received over the last three years. This level of intake is expected to continue in 2008-2009 and 2009-2010. Sponsorship appeals are expected to continue to make up an increasing proportion of appeals filed.

In 2007-2008, the Immigration Appeal Division expects to finalize between 5,800 and 6,300 appeals. The upper limit of 6,300 appeals is 9 per cent more than in fiscal year 2006-2007. The projected increase in finalizations anticipates the reappointment and appointment of decision-makers in accordance with the assumptions outlined above.

Based on 5,800 appeal finalizations, the average cost per appeal is expected to be $2,300 for 2007-2008; based on 6,300 appeal finalizations, the average cost per appeal is expected to be $2,200 for 2007-2008. These average costs per appeal are higher than the 2005-2006 actual average cost of $1,865 per appeal due mainly to a higher share of fixed costs per unit caused by a drop in volume under both volume finalization scenarios, some salary increases and higher translation costs. The cost per unit is increase when the Board operates below capacity due to being significantly short of its full member complement.

The cost per appeal includes the decision-making costs and costs of related activities such as case preparation, research, scheduling of hearings, legal services, foreign-language interpretation, technological support, translation services, as well as administrative support. It also includes a share of the costs from the Corporate Management and Services program activity, which is allocated to the three decision-making program activities, based on expenditure trends.

The pending inventory is expected to continue to grow in the short term, resulting in 9,600 to 10,100 appeals waiting for a decision by the end of fiscal year 2007-2008.

The average processing time is expected to increase to approximately 11.0 months in 2007-2008.

Key Plans and Expected Results

To achieve its forecasts for fiscal year 2007-2008, and in line with the strategic priorities set out for the organization, the Immigration Appeal program activity will undertake the planned activities with the expected results outlined in the table below.

Program Activity: Immigration Appeal
Plans and Expected Results for 2007-2008

Strategic Outcome: Provide Canadians with well-reasoned, timely decisions on immigration and refugee matters efficiently, fairly and in accordance with the law.
STRATEGIC PRIORITY 3 Continue to improve adjudicative and case management strategies including the implementation of Stage 1 of the ICMS.
Plans	Expected Results
IAD Innovation – Continued implementation of IAD Innovation proposals to transform IAD into a more flexible and proactive division	Timely progress in implementation of IAD medium and long-term action items, some of which are dependent on cooperation from CBSA/CIC Increased productivity and reduced case processing times (assuming increased member complement), while maintaining fairness Effective reporting tools for management to assess and improve the new adjudication strategy and case management initiatives and associated pilot projects
Early Information Gathering and Early Informal Resolution – Obtain more information from both parties earlier, to support earlier screening, streaming and resolution	Earlier receipt of appeal record with cooperation from CBSA/CIC Earlier and more effective streaming of files informed by the earlier receipt of information from both appellant and Minister's counsel More appeals resolved through early informal resolution, including ADR
Alternative dispute resolution (ADR) – Finish transition of ADR program to Public Service, and increase early informal resolution through successful ADR by public servants	Maintain at least 50% ADR resolution rate More cases settled in whole or in part through early informal resolution
Hearings – Ensure files are hearing-ready and have hearings conducted in a more proactive manner	Further reduction in adjournment rate to below 10%; and reduction in postponement rate from 35% to 25% (assuming sufficient member complement) More focused, effective and efficient hearings Successful coordination with CBSA to implement and expand hearings stream in which Minister's counsel appears only through written submissions
Adjudication strategy and consistency – Develop and promote consistent and strategic approaches, including in areas such as removal order appeals and stays, proactive hearings, adjournments and postponements, and the applicant's testimony in marriage sponsorship appeals	More effective identification and consideration of consistency issues through increased cross-regional communication and coordinated professional development Effective development and implementation of IAD adjudication strategies in priority areas, to promote more consistent and strategic approaches

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