ARCHIVED - Immigration and Refugee Board of Canada - Report

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

Message from the Chairperson

I am pleased to present the 2012–13 Report on Plans and Priorities for the Immigration and Refugee Board of Canada (IRB).

The IRB is an independent administrative tribunal established by Parliament to resolve 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. A new division, the Refugee Appeal Division (RAD), will be added to the IRB when the Balanced Refugee Reform Act (BRRA) comes into force, as explained below.

Our operating environment

The IRB carries out its work in a complex environment in which refugee movements and shifting migration patterns, among other factors, influence the number and type of cases received. While both the ID and the IAD have experienced high intake over the past several years, the number of cases referred to the RPD has been more variable, with a significant decrease in referrals beginning in 2009 followed more recently with a growth in intake in 2011–12. The decrease in refugee claims is partly explained by the Government's decision in July 2009 to impose a visa requirement on citizens of Mexico and the Czech Republic.

These periods of elevated intake in the RPD and the IAD have contributed to the growth of substantial backlogs in both divisions. With additional backlog funding provided by the Government and improved operational efficiency, the IRB has substantially reduced the RPD inventory over the past two years, although the resources received will not be sufficient to eliminate it prior to the coming into force of the BRRA.

Adaptability in a time of change

The IRB has demonstrated a strong commitment over the past several years to a transformation agenda that seeks to enhance adjudicative and operational efficiency without compromising fairness. This has involved such initiatives as the backlog reduction program in which additional members and adjudicative support staff were appointed; the promotion of cross-divisional integration; the reinforcement of accountabilities and performance expectations for both managers and decision makers; the strengthening of human resources practices and quality assurance mechanisms; and the application of business process improvement techniques to optimize tribunal performance. These measures, and others like them, have been key to the IRB's success in becoming a more flexible, adaptable and productive organization. At the same time, high quality decision making continues to be a priority at the IRB, as demonstrated by the fact that the proportion of decisions set aside by the Federal Court and sent back to the Board to be reheard has remained at less than one percent over the past several years.

Key priorities for 2012-13

Given our ongoing preparations for the implementation of the changes introduced under the BRRA, our strategic priorities for 2012–13 remain the same as those for the previous fiscal year:

• Prepare for and implement the BRRA
• Continue to maximize case resolutions while ensuring quality and fairness
• Continue to promote an adaptive, integrated and flexible organization that values its people

Refugee determination reform

As a result of the changes to Canada's refugee determination system set out in the BRRA, the IRB is in transition as it plans and prepares for implementation. In addition to establishing the RAD, which will resolve appeals from first-level refugee protection decisions, in 2012–13 the IRB will put into place an RPD whose decision makers will be public service employees rather than Governor-in-Council (GIC) appointees, and which will be required to process claims more quickly than today.

Successful implementation of these changes is the IRB's key strategic priority in 2012–13. In February 2012 the Government introduced in Parliament the Protecting Canada's Immigration System Act (PCISA), which proposes further changes to the refugee determination system as well as measures to address human smuggling. Should this bill receive Royal Assent, the IRB stands ready to adjust its plans and preparations as necessary to ensure a smooth transition to the new system while maintaining the quality and fairness of Board proceedings.

Looking ahead

The year ahead will bring far-reaching changes to the IRB, and it will be important for us to work effectively with our portfolio partners and stakeholders. I have every confidence that we will be successful in achieving our commitments, thanks to our dedicated personnel composed of both public service employees and GIC appointees. I wish to thank them for their unwavering professionalism, dedication and hard work. I know I can count on them to meet the coming challenges.

---

Section I: Organizational Overview

Raison d'être and Responsibilities

The Immigration and Refugee Board of Canada (IRB) is an independent administrative tribunal that was created on January 1, 1989, by an amendment to the Immigration Act. In 2002, the Immigration Act was replaced by the Immigration and Refugee Protection Act (IRPA), which will be amended by the Balanced Refugee Reform Act (BRRA). On February 16, 2012, the Government introduced Bill C-31, Protecting Canada's Immigration System Act (PCISA), which proposes to amend, among other legislation, the BRRA once it receives Royal Assent. As currently legislated, the IRB's mandate under the IRPA will expand as provisions of the BRRA come into force in 2012–13 and in 2013–14.

IRB Division Mandates¹

Refugee Protection Division (RPD)
Decides claims for refugee protection Decides applications for vacation of refugee protection Decides applications for cessation of refugee protection Decides pre-removal risk assessments (PRRA)2
Refugee Appeal Division (RAD)3
Hears appeals from decisions of the RPD allowing or rejecting claims for refugee protection Hears appeals from decisions of the RPD rejecting applications by the Minister for a determination that refugee protection has ceased Hears appeals from decisions of the RPD rejecting applications by the Minister to vacate a decision to allow a claim for refugee protection
Immigration Division (ID)
Conducts admissibility hearings for foreign nationals or permanent residents who seek entry into Canada, or who are already in Canada and are alleged to be inadmissible Conducts detention reviews for foreign nationals or permanent residents who are detained for immigration reasons
Immigration Appeal Division (IAD)
Hears appeals of family sponsorship applications refused by Citizenship and Immigration Canada (CIC) Hears appeals from certain removal orders made against permanent residents, Convention refugees and other protected persons, and holders of permanent resident visas Hears appeals by permanent residents against whom a CIC officer outside Canada has decided that they have not fulfilled their residency obligation Hears appeals by the Minister of Public Safety of ID decisions at admissibility hearings

¹ An overview of the IRB is available at www.irb-cisr.gc.ca/eng/brdcom/publications/oveape/Pages/index.aspx.

² When transferred from CIC on June 29, 2013, or on any earlier day that may be fixed by order of the Governor in Council (GIC), or as will be amended by the PCISA once it receives Royal Assent; see Refugee Protection program activity for more details.

³ When relevant sections of the BRRA come into force on June 29, 2012, or as will be amended by the PCISA once it receives Royal Assent; see Refugee Appeal program activity for more details.

Regional Operations

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

Administrative Justice

Through the work of each division, the IRB strives to deliver a simpler, more accessible and expeditious form of justice than that provided by the courts, but with no less attentiveness to procedural fairness and to the application of the law to the particular facts of each case. The IRB applies the principles of administrative law, including those of natural justice, in its proceedings and resolutions, and its 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 the individuals who appear before it and their unique and sometimes extremely traumatic experiences.

Benefits for Canadians

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

• In the hearing of refugee protection claims and the resolution of refugee protection appeals, it ensures that Canada accepts those in need of protection in accordance with international obligations and Canadian law.
• Through admissibility hearings and detention reviews, it contributes to the integrity of our immigration system, ensures the maintenance of the balance between individual rights and the safety and security of Canadians, and upholds Canada's reputation for justice and fairness.
• As an independent tribunal responsible for resolving sponsorship, removal order and residency obligation appeals, it helps to promote family reunification, helps to ensure Canadians' safety and security, and safeguards the integrity of Canada's immigration system.

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

Strategic Outcome and Program Activity Architecture

The IRB Program Activity Architecture (PAA) was amended in the second half of the 2010–11 reporting period in anticipation of the coming into force of the BRRA, currently scheduled for June 29, 2012. The BRRA will be further amended by the PCISA once it receives Royal Assent. However, as directed by the Treasury Board Secretariat (TBS), the 2012–13 Report on Plans and Priorities (RPP) is is based on the IRB's mandate as currently legislated and on its approved PAA. The IRB has a single strategic outcome and four program activities that include responsibility for all tribunal decisions and resolutions. The fifth program activity, Internal Services, supports the first four, as illustrated in the diagram below.

[text version]

¹ When transferred from CIC on June 29, 2013, or on any earlier day that may be fixed by order of the GIC, or as may be amended by the PCISA once it receives Royal Assent; see Refugee Protection program activity for more details.

² When relevant sections of the BRRA come into force on June 29, 2012, or as may be amended by the PCISA once it receives Royal Assent; see Refugee Appeal program activity for more details.

Organizational Priorities

The IRB's strategic priorities have remained the same since the BRRA received Royal Assent on June 29, 2010. They are expected to remain the same throughout the planning and implementation of the reform of the refugee determination system. The strategic priorities all contribute to the single strategic outcome and are summarized in the following table.

2012–13 Strategic Priorities

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	Description
Prepare for and implement the BRRA	Previously committed to	The IRB will take all the necessary steps to implement the new legislation by June 29, 2012. These preparations and the required implementation activities will greatly influence the IRB's operating environment during 2012–13. The IRB will introduce major changes to the processes in the Refugee Protection program activity. It will operate under the current system during the first quarter of 2012–13 and subsequently transition to the new system. New processes will also be developed and implemented for the new Refugee Appeal program activity. The PCISA may also amend the BRRA and its implementation timelines once it receives Royal Assent. The IRB Reform Office will continue to coordinate reform implementation activities.
Continue to maximize case resolutions while ensuring quality and fairness	Ongoing	The number of available decision-makers remains the key element needed to maximize case resolutions. The IRB will continue to assess and recommend qualified candidates to the Minister for appointment in order to maintain a full complement of GIC decision-makers. As part of the new refugee determination system, public service employee decision-makers will also be selected in accordance with the Public Service Employment Act (PSEA). A recent initiative that measures the quality of proceedings and decisions will also be integrated into the new system. The Board will continue to develop options to address the pending case inventory.
Continue to promote an adaptive, integrated and flexible organization that values its people	Ongoing	The IRB will continue to ensure the consistent delivery of high-quality administrative justice within a changing environment. In 2012–13, the IRB will adapt to the changes brought about by the reform of the refugee determination system. Emphasis will also be placed on human resources (HR) management practices.

Risk Analysis

Operating Environment

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

Refugee populations. According to Asylum Levels and Trends in Industrialized Countries, First Half 2011¹, a report published by the Office of the United Nations High Commissioner for Refugees (UNHCR) on October 18, 2011, the 44 main industrialized countries received 198,300 refugee claims during the first six months of 2011, representing a 17 percent increase over the total number of claims lodged in the same period in 2010 (169,300). After the United States, France, Germany, Sweden, the United Kingdom and Belgium, Canada was the seventh largest recipient of claims, with 11,510 claims referred during the first half of 2011. Following a significant decrease in the number of refugee claims referred to the IRB in 2009–10 and 2010–11, intake again began to rise in 2011–12. The 19,000 claims received between April and December 2011 represent a 15 percent increase over the same period the year before. This growth in intake can be attributed largely to the increase in refugee claims from Hungary (3,700, up 140 percent from the previous year).

Immigration Appeals. The Government of Canada continues to place a priority on family reunification, as expressed in the IRPA and CIC's Annual Report to Parliament on Immigration, 2011². Regulatory changes to strengthen CIC's capacity to refuse cases of suspected marriage fraud were brought into force on September 30, 2010. Accordingly, the IRB anticipates that family sponsorship appeals will remain at the high levels seen over the past five years and that the IAD sponsorship appeal inventory will remain high during 2012–13.

Challenges

Reform to Canada's refugee system. The BRRA received Royal Assent on June 29, 2010. Since then, the IRB has been working diligently with its portfolio partners, stakeholders and other organizations on reform implementation planning activities. As described in the previous report, the BRRA provides for significant changes to the structure and the manner in which the IRB processes refugee protection claims. On February 16, 2012, the Government introduced Bill C-31, the PCISA. Once it receives Royal Assent, the PCISA is expected to further amend the current legislation and to require changes to processes to be implemented by the IRB. Bill C-31 will also amend the coming into force date of the BRRA, currently scheduled for June 29, 2012. Information contained in this report is based on the IRPA, the BRRA and the PAA currently approved for the IRB. Nevertheless, the Board anticipates continuing to dedicate an appropriate portion of its resources to planning activities for refugee reform during 2012–13.

Appointment of decision-makers. Currently, the RPD and the IAD depend on decision makers who are appointed by the GIC following a rigorous merit-based selection process. With the implementation of the BRRA, RPD decision-makers will be appointed in accordance with the PSEA. Decision makers in the newly created RAD will be GIC appointees. In 2011–12, the IRB initiated recruitment campaigns to ensure that a sufficient number of qualified candidates are available for consideration by the GIC for appointment.

Pending case inventory. At the end of March 2012, there were approximately 40,300 refugee protection claims and 11,800 immigration appeals pending. The backlog had accumulated in past years because of shortfalls in the number of GIC decision maker appointments and reappointments as well as an intake of new cases that was well above the IRB's funded capacity. In an effort to facilitate the implementation of the refugee determination system under the BRRA, the IRB received additional funding in the previous reporting period for a special backlog reduction initiative that will continue until the coming into force of the BRRA on June 29, 2012. Additional decision makers were appointed by the GIC to the RPD for the purpose of backlog reduction. While this initiative is expected to result in a reduction of the backlog, the IRB anticipates that approximately 40,000 "legacy" cases will remain in the inventory when the BRRA comes into force. The Government is currently exploring options to deal with these cases under the new system.

Replacement of STAR by NOVA. Prior to 2011–12, the IRB relied on a legacy case tracking system known as STAR, which had inherent risks related to the integrity of the system's data and security controls. During 2011–12, the IRB worked with the TBS to modernize this system and replace it with a modern case tracking and reporting system called NOVA. During 2012–13, development of NOVA will continue in order to support the business models and requirements of the new refugee determination system.

Budget 2010. As part of the Government's plan to return to a balanced budget, Budget 2010 announced several significant spending control measures for departments and agencies. The IRB will continue to absorb within its existing budget the impact of wage increases in 2011–12 and 2012–13 as well as inflationary increases to operating expenses through attrition and efficiency measures.

Shared services. On August 4, 2011, Shared Services Canada (SSC) was established by order in council to lead the transformation and streamlining of email, data centre and network services across the Government. The IRB is one of 44 departments and agencies from which information technology (IT) assets, support personnel and financial resources were transferred to the SSC to improve the efficiency of IT services. As a result, the IRB budget will be reduced by $2.1 million in 2012–13 and subsequent years. A business continuity framework defined a transition period between August 2011 and March 31, 2012. This transition and related changes in functions, processes and personnel have had an impact on IRB operations since the third quarter of 2011–12.

Opportunities

Portfolio management. As immigration and refugee portfolio organizations, the IRB, CIC and the Canada Border Services Agency (CBSA) collaborate on operational matters while respecting each other's distinct mandates and the IRB's institutional and adjudicative independence. Portfolio organizations are party to a trilateral memorandum of understanding that provides a framework under which organizational priorities are discussed and information is shared as appropriate. This collaborative approach provides for improved communication and operational coordination. The diagram below outlines the distinct functions and roles of the portfolio organizations as well as the overarching goals they share. During 2012–13, this institutional coordination will remain invaluable as the IRB continues to work to prepare for the implementation of the new legislation.

[text version]

Planning Summary

Financial Resources ($ Millions)

2012–13	2013–14	2014–15
145.7	129.6	128.1

Human Resources (FTEs)

2012–13	2013–14	2014–15
1,147	1,064	1,072

Planning Summary Table

Strategic Outcome: Resolve immigration and refugee cases before the Immigration and Refugee Board of Canada efficiently, fairly and in accordance with the law

Performance Indicator	Target
Percentage of IRB decisions overturned by the Federal Court (This quality indicator is used in addition to the indicators described in the program activities; see Section II for more details.)	Less than 1%

($ Millions)

Program Activity	Forecast Spending 2011–12	Planned Spending			Alignment to Government of Canada Outcomes
		2012–13	2013–14	2014–15
Refugee Protection	77.2	71.4	51.0	49.5	A safe and secure world through international engagement
Refugee Appeal	1.0	18.0	22.1	22.1	A safe and secure world through international engagement
Admissibility Hearings and Detention Reviews	12.3	8.6	8.6	8.6	A safe and secure Canada
Immigration Appeal	16.8	17.9	17.9	17.9	A safe and secure Canada
Subtotal	107.3	115.9	99.6	98.1
Internal Services	37.7	29.8	30.0	30.0
Total Planned Spending	145.0	145.7	129.6	128.1

Expenditure Profile

Spending Trend 2008–09 to 2014–15

[text version]

For 2011–12, the forecasted spending of $145.0M included net reform-related funding of $17.4M (initial sunset funding of $39.4M less $18.0M re-profiled to 2012–13 and 2013–14) and a reduction of $4.1M related to the Strategic Review. The planned spending figures for future years reflect the impact of incremental reform-related funding ($22.0M in 2012–13, $18.0M in 2013–14 and $19.5M in 2014–15), the re-profiling of $18.0M from 2011–12, of which $15.0M is included in 2012–13 and $3.0M in 2013–14. These amounts are partially offset by on-going Strategic Review reductions of $5.7M.

Estimates by Vote

For information on our organizational appropriations, please see the 2012–13 Main Estimates publication.¹

¹ Available at www.tbs-sct.gc.ca/est-pre/20122013/me-bpd/info/info-eng.asp

• Previous Page
• Table of Contents
• Next Page