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This page has been archived.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 2010-11 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 2010-11.

The IRB is an independent and accountable tribunal entrusted by Parliament with resolving 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 as well as to the fulfillment of our international obligations.

Reform Implementation

Since the Balanced Refugee Reform Act (BRRA) received Royal Assent on June 29, 2010, the IRB has been working diligently on implementation planning activities. The BRRA provides for significant changes to the IRB's structure and the manner in which it processes refugee protection claims. These include the establishment of a new tribunal, the Refugee Appeal Division, as well as new processes and time frames at the RPD. I am very pleased with the progress to date in areas ranging from organizational design and staffing to rules development and information technology. I am confident that we are on track to implement the new act successfully.

Results for Canadians

In addition to preparing for the implementation of the BRRA, the IRB has continued to strive to maximize productivity while ensuring fairness for those with proceedings before it. In this regard, I am proud of what the Board's decision-makers and adjudicative support personnel have accomplished during the reporting period. Thanks to their dedication and hard work, as well as internal efficiency measures, all three divisions exceeded expectations for finalizations in 2010-11.

The ID in particular experienced a very challenging year with the arrival in British Columbia in August 2010 of approximately 500 marine migrants, almost all of whom were detained on arrival by the Canada Border Services Agency. Working with key partners, the ID ensured that the detainees' right to regular detention reviews was respected while safeguarding the integrity of Canada's immigration system. The efforts of IRB personnel in dealing with this mass arrival were outstanding, and I am grateful to the Clerk of the Privy Council for his recognition of their exemplary commitment by bestowing on them a 2011 Public Service Award of Excellence.

The Government continued to appoint and reappoint Governor-in-Council (GIC) decision-makers, allowing both the RPD and the IAD to maintain close to a full decision-maker complement throughout the year. As a result of these appointments and reappointments, combined with the receipt of additional funding, innovative case management strategies and reduced intake, the RPD was able to make substantial inroads into its backlog of unprocessed refugee protection claims. From a high of 62,000 pending claims in October 2009, the RPD ended the reporting period with 48,000 claims remaining in its backlog, with further reductions anticipated in 2011-12.

The Challenges Ahead

Despite the RPD's impressive progress in resolving a very large number of cases, it is expected that a considerable number of refugee protection claims will remain unprocessed when the new act comes into force. The IRB will continue to work with the Government to address this situation in a manner consistent with our role and mandate.

Given the extent of the changes to be implemented in the coming months, including the requirement to hire and train close to 200 new personnel, 2011-12 promises to be a challenging year for the IRB. However, I am certain that the Board will emerge from this period of transition an even stronger organization that continues to be recognized in Canada and around the world for its innovative practices and the excellence of its decision-making. I feel fortunate as Chairperson to lead a tribunal whose personnel, whether public servants or GIC appointees, are so committed to the fulfillment of its mandate and objectives, and I know that I can count on them for the challenges ahead.

---

Section I: Organizational Overview

Raison d’être and Responsibilities

The Immigration and Refugee Board of Canada (IRB) is an independent, accountable administrative tribunal that was created on January 1, 1989, by an amendment to the Immigration Act.

In 2002, the Immigration Act was replaced by the Immigration and Refugee Protection Act (IRPA), which will be amended by the Balanced Refugee Reform Act (BRRA). While the IRB's mandate will expand as provisions of the BRRA come into force in 2012-13, the IRB divisions continued to receive their mandate from the IRPA during the 2010-11 reporting period.

IRB Division Mandates

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

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

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 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 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 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 for Canadians in three important ways:

• In the hearing of refugee protection claims, 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 for individuals.
• 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

Based on its legislated mandate and its Program Activity Architecture (PAA) approved for the 2010-11 reporting period, the IRB had a single strategic outcome and three program activities that included responsibility for all tribunal decisions and resolutions. The fourth program activity, Internal Services, supported the first three as illustrated by the figure below.

[D]

Organizational Priorities

Shortly after the BRRA received Royal Assent on June 29, 2010, the IRB added a new strategic priority to its existing two. In support of the same single strategic outcome, these three strategic priorities are expected to remain through the next fiscal year and are summarized in the following table.

2010-11 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	Performance Status and Link to Strategic Outcome
Prepare for and implement the BRRA	New	Met All. Following Royal Assent, the IRB started preparing for the implementation of the new legislation. The Reform Office was established to plan and coordinate reform implementation activities. Major changes to the processes in the Refugee Protection program activity were identified, and a project plan was created to implement the new procedures. The development of processes for the new Refugee Appeal program activity was initiated. Planning and development were accomplished in coordination with portfolio partners while minimizing the impact on daily operations and maintaining case resolution productivity levels.
Continue to maximize case resolutions while ensuring quality and fairness	Ongoing	Met All. The IRB continued its ongoing efforts to assess and recommend qualified candidates to the Minister for appointment as decision-makers to the RPD and IAD. With sustained appointments and reappointments by the Governor in Council (GIC), the IRB applied its decision-making capabilities in order to maximize case resolutions during 2010-11. A special backlog initiative also yielded additional case resolutions in the RPD. A performance measurement strategy that will further improve the quality of IRB proceedings was also developed. Case management processes were improved, and learning and training programs were further enhanced, providing the Board with a greater capacity to meet its caseload expectations and completions. Despite these efforts, a substantial backlog of refugee protection claims will remain pending by the time the BRRA comes into force; the details will be discussed further in this report.
Continue to promote an adaptive, integrated and flexible organization that values its people	Ongoing	Met All. The IRB continued to ensure the consistent delivery of high-quality administrative justice within a changing environment. During 2010-11, the IRB had to demonstrate its flexibility by adapting to changes brought about by the Strategic Review and by the reform to the refugee determination system. Additional emphasis was placed on human resources 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, which 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. The report Asylum Levels and Trends in Industrialized Countries 2010, published by the United Nations High Commissioner for Refugees (UNHCR),¹ shows that 358,800 asylum claims were submitted in the 44 main industrialized countries during the 2010 calendar year. This is 5 percent fewer than in 2009 and 2008, when 378,000 asylum claims were submitted in each year. After the United States, France, Germany and Sweden, Canada was the fifth largest recipient of claims among the 44 countries, with 23,200 new claims registered during the 2010 calendar year. This is a 30 percent decrease compared to 2009 (33,250 claims) and the lowest level since 2006. The number of claims referred to the IRB declined following the Government's imposition of a visa requirement for nationals of Mexico and the Czech Republic wishing to travel to Canada. This policy measure came into effect in mid July 2009 and has reduced the number of claims referred from these two high-volume source countries. During 2010, there were 6,300 fewer claims from Mexican nationals referred to the IRB, a reduction of 84 percent from the previous year. The number of claims from the Czech Republic dropped from more than 2,000 in 2009 to almost zero in 2010.

Growing trend of family sponsorships. The Government of Canada continues to place priority on family reunification, as expressed in the IRPA and CIC's Annual Report to Parliament on Immigration: 2010.² With an ever-growing immigrant population, it is expected that family class sponsorship applications will be maintained at the high levels seen over the past five years. Accordingly, the IRB received a high number of family sponsorship appeals throughout 2010-11.

Challenges

Appointment of decision-makers. In order to resolve the refugee protection claims and immigration appeals before it, the IRB depends on decision-makers appointed by the GIC following a rigorous, merit-based selection process. As noted in the 2009 Status Report of the Auditor General of Canada,³ during 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 vacancies resulting from expired mandates and resignations. This had a significant impact on the Board's capacity to process cases in a timely manner. With 84 appointments and 51 reappointments since October 2008, this situation has been largely rectified. The average number of decision-maker positions filled during 2010-11 was 96 percent of the funded complement. As part of a special backlog reduction project in the RPD, an additional 12 decision-makers were also appointed, providing approximately a 10 percent increase in decision making capacity during the last five months of the reporting period.

Pending case inventory. There were approximately 59,000 refugee protection claims and 10,900 immigration appeals pending at the beginning of 2010-11. As explained in previous reports, this case inventory had accumulated in past years due to shortfalls in the number of GIC decision-maker appointments and reappointments, and a case intake that was well above the IRB's funded capacity. With regard to refugee protection determination, during 2010-11, the combination of sustained GIC decision-maker appointments and reappointments, the funding and appointment of additional decision-makers and adjudicative support staff for backlog reduction, more efficient case processing, and a reduced claim intake has allowed the IRB to reduce the number of pending refugee protection claims. The IRB's performance in this regard is further detailed in the second part of this report. At the end of the 2010-11 reporting period, there were 48,300 refugee protection claims and 11,400 immigration appeals pending. While the special backlog reduction project will continue to reduce this inventory during 2011-12, a considerable number of refugee protection claims will remain pending when the BRRA comes into force. The IRB will not have the resources to resolve these cases under the new legislative regime.

Strategic review. As anticipated in the Report on Plans and Priorities (RPP), following the Strategic Review in 2009-10 the Government reallocated $5.7 million from existing IRB program funding to higher Government priorities. The reductions began in 2010-11 and will be implemented over a three-year period. This resulted in a reduction in tribunal officers; a reprioritization, rationalization and streamlining of information technology; the closure of documentation centres; and a reallocation of the unused portion of the special purpose allotment for the translation of decisions.

Reform of the refugee determination system. The BRRA received Royal Assent on June 29, 2010. Since then, the IRB has dedicated significant resources and effort to preparing for the implementation of the new legislation while maintaining productivity as well as the quality and fairness of Board proceedings. During 2010-11, the Reform Office was established to lead the IRB's complex transition to the new system. The Reform Office developed the reform project plan and established project oversight and working groups to provide advice on the key facets of the project. In addition, new rules for both the new RPD and the new Refugee Appeal Division (RAD) were drafted and an extensive consultation process was completed, resulting in policy direction and the mapping of processes for existing and newly created divisions. A modified organizational structure was also developed to include the new RAD and the transition to public service decision-makers in the RPD. As well, staffing activities were initiated. A comprehensive Human Change Management program was implemented to support personnel's transition to the new system. An evaluation of IRB facilities in all regions was undertaken and resulted in an accommodations strategy and plan to support the new requirements. Finally, a communications plan was established to inform and consult personnel and stakeholders on key elements of the BRRA implementation.

Opportunities

Portfolio and stakeholders. 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 2010-11, the value of the institutional coordination was highlighted as the IRB engaged with portfolio organizations and stakeholders in order to effectively prepare for the implementation of the BRRA.

[D]

Summary of Performance

2010-11 Financial Resources ($ Millions)

Planned Spending	Total Authorities	Actual Spending
117.1	130.8	125.6

2010-11 Human Resources (FTEs)

Planned	Actual	Difference
1,025	1,023	(2)

Total Authorities increased by $13.7 million over Planned Spending primarily due to the $9.0 million received to implement the BRRA and the refugee backlog reduction strategy, and the $4.5 million carried forward from 2009-10. Actual Spending was $5.2 million less than Total Authorities, which was mainly attributable to a lower volume of translations of decisions and to vacancies in GIC decision-maker and public service positions.

Summary of Performance 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 Indicators 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.)	Target Less than 1%	2010-11 Performance The IRB met its performance target, with only 0.4% of decisions overturned by the Federal Court. This is an indication of the great fairness and quality of the decisions rendered by the Board.

Program Activity1	2009-10 Actual Spending ($ Millions)	2010-11 ($ Millions)				Alignment to GOC Outcome
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Refugee Protection	58.2	57.9	57.9	65.4	63.4	A safe and secure world through international engagement
Admissibility Hearings and Detention Reviews	9.0	12.7	12.7	13.4	11.0	A safe and secure Canada
Immigration Appeal	15.6	14.6	14.6	16.7	16.4	A vibrant Canadian culture and heritage2
Subtotal	82.8	85.2	85.2	95.5	90.8
Internal Services	31.3	31.9	31.9	35.3	34.8
Total	114.1	117.1	117.1	130.8	125.6

¹ Commencing in the 2009-10 Estimates cycle, the resources for Internal Services are displayed separately from other program activities; they are no longer distributed among the remaining program activities, as was the case in previous Main Estimates. This has affected the comparability of spending and FTE information by program activity between fiscal years.

² Through its removal orders work, this program activity also contributes to the Government of Canada (GOC) outcome "A Safe and Secure Canada."

Expenditure Profile

Spending Trend 2007-08 to 2010-11

[D]

The increase in Main Estimates and Planned Spending for 2010-11 over prior years is due to additional funding received in compensation for collective agreements.

The difference between Planned Spending and Total Authorities is primarily due to sunset funding received for the implementation of the BRRA and for the refugee backlog reduction strategy, as well as funding carried forward from the previous year.

Expenditures for the implementation of the BRRA and for the refugee backlog reduction strategy account for most of the increase in Actual Spending during 2010-11.

Estimates by Vote

For information on our organizational votes and/or statutory expenditures, please see the Public Accounts of Canada 2010-11 (Volume II). An electronic version of the Public Accounts is available at Public Works and Government Services Canada's (PWGSC) Web page: www.tpsgc-pwgsc.gc.ca/recgen/txt/72-eng.html.

• Previous Page
• Table of Contents
• Next Page