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2008-2009
Reports on Plans and Priorities

Immigration and Refugee Board of Canada

The Honourable Diane Finley
Minister of Citizenship and Immigration

Section 1: Overview

Message from the Chairperson

Management Representation Statement

Raison d'être

Organizational Information

Program Activity Architecture Crosswalk

Voted and Statutory Items

Planned Spending and Full-Time Equivalents

Summary Information

IRB Plans and Priorities

Section 2: Analysis of Program Activities by Strategic Outcome

Common Elements

Distinct Program Activity Elements

Refugee Protection Program Activity

Admissibility Hearings and Detention Reviews Program Activity

Immigration Appeal Program Activity

Section 3: Supplementary Information

Departmental Link to the Government of Canada Outcomes

List of Electronic Tables

Section 4: Other Items of Interest

Internal Services

Integrated Accountability Framework

Information and Contacts

Section 1: Overview

Message from the Chairperson

I am pleased to present the 2008-2009 Report on Plans and Priorities for the Immigration and Refugee Board of Canada (IRB).

The IRB is an independent administrative tribunal with unique and important responsibilities within Canada's immigration, refugee determination and administrative justice systems. The IRB deals with cases ranging from admissibility hearings and immigration appeals to refugee status determination and detention reviews. Through its work on behalf of Canadians, the IRB contributes directly to Canada's humanitarian traditions and the security of Canada.

The impact of IRB decisions on the lives of those who appear before its three divisions, as well as Canadians more generally, is profound. The sense of responsibility and service inherent in this work is shared by all IRB personnel. Canadians depend on the IRB to continue to carry out its mandate with the highest regard for integrity, fairness and efficiency.

Our operating environment

The IRB carries out its work in a complex environment, where shifting global migration patterns and refugee movements, among other factors, influence the number and type of cases the IRB receives. Over the coming year, the caseload is expected to grow in all three IRB divisions.

In addition, the considerable shortfall in the decision-maker complement in both the Refugee Protection Division (RPD) and the Immigration Appeal Division (IAD) will result in growing inventories for these divisions, which together will form the highest inventory in the IRB's history. Consequently, the IRB's ability to process cases will be significantly affected. Average processing times for refugee protection claims may reach 16.5 months and 11 months for immigration appeals. This is clearly too long. The key to reducing the pending inventories will be returning as quickly as possible to a full complement of decision-makers in the RPD and the IAD and determining at the earliest opportunity, while maintaining fairness, which refugee claims and immigration appeals are meritorious and which are not.

Continuing to transform the way we work

Over the past several years, the IRB has been actively pursuing a transformation agenda to ensure the consistent delivery of high-quality administrative justice within a changing environment. Although the IRB is already recognized as an innovative, expert tribunal, we are continually seeking new ways to improve the way we deliver our services.

To this end, we are further pursuing a number of initiatives to integrate our three divisions and ensure that all IRB personnel work together effectively. In this context, I would like to highlight the amendment to the IRB strategic outcome, which better reflects the contributions of our adjudicative support personnel in resolving cases brought before the IRB.

In the year ahead, we will continue to consolidate and extend the gains made in past years, with the objective of achieving further operational efficiencies and streamlining case resolution processes without compromising fairness.

Strategic direction and priorities of the IRB

Our strategic direction for 2008-2009 is to pursue our transformation agenda to create a flexible tribunal where the workforce is integrated, innovative and continues to fulfill the IRB's mandate. In supporting this direction, we will focus on the following three strategic priorities in 2008-2009. Together, these build on our priorities from the previous fiscal year.

Manage the case inventory through innovative adjudicative and case management strategies.
Further integrate the work of the IRB to promote effective management.
Continue to build a flexible organization with clear accountabilities, ethical behaviour, leadership and operational capacity.

In line with these strategic priorities, we will focus on both new and ongoing initiatives in the year ahead. These include:

Intensive decision-maker recruitment and selection efforts to ensure that the Government is provided with a sufficient pool of qualified candidates for appointment to the RPD and the IAD.
Implementation of a plan to reform IRB governance, with a view to clarifying management responsibilities and accountabilities and improving the IRB's organizational design.
Continued implementation of a comprehensive cross-divisional training program for decision-makers and tribunal officers.
Development and implementation of adjudicative strategies in all three divisions to promote quality decision-making and improve consistency in approach to common issues, such as requests for postponements and adjournments.
Further implementation of adjudicative support, including early resolution of cases and case readiness procedures across all divisions, to ensure that files are hearing-ready and to facilitate proactive hearings.

Looking ahead

In 2008-2009, we will continue to integrate our operations to become a more flexible organization and identify and implement new measures to improve the way we carry out the important mandate that Parliament has entrusted to the IRB. Key to our efforts will be the continued dedication of IRB personnel, whose professionalism, creativity and adaptability gives me every confidence in our success.

I invite you to read this report and to visit our Web site at www.irb-cisr.gc.ca for more information about the IRB and its plans and priorities for the coming year.

Brian Goodman
Chairperson

Management Representation Statement

I submit for tabling in Parliament the 2008-2009 Report on Plans and Priorities for the Immigration and Refugee Board of Canada.

This document has been prepared based on the reporting principles contained in the Guide to the Preparation of Part III of the 2008-2009 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

it adheres to the specific reporting requirements outlined in the Treasury Board of Canada Secretariat guidance;
it is based on the department's strategic outcome and program activities that were approved by the Treasury Board;
it presents consistent, comprehensive, balanced and reliable information; and
it provides a basis of accountability for the results achieved with the resources and authorities entrusted to it.

It reports finances based on approved planned spending numbers from the Treasury Board of Canada Secretariat.

Brian Goodman
Chairperson

Raison d'être

Who we are

The IRB is an independent administrative tribunal that reports to the Parliament of Canada through the Minister of Citizenship and Immigration.

As an organization responsible for applying administrative justice, the IRB adheres to the principles of natural justice and its resolutions and decisions are rendered in accordance with the law, including the Canadian Charter of Rights and Freedoms. This mandate is reflected in our mission, vision and values, which help to shape our corporate priorities and identify the qualities we strive to embody. It also guides our day-to-day activities, to ensure that everyone and their work at the IRB is aligned with our mission and our vision for the future.

Table 1.1: The IRB's Mission, Vision and Values

MISSION
The Immigration and Refugee Board of Canada is an independent tribunal established by the Parliament of Canada. Our mission, on behalf of Canadians, is to resolve immigration and refugee cases efficiently, fairly and in accordance with the law.
VISION	VALUES
We will excel in everything we do and will deal simply, quickly and fairly with everyone. Through innovation and flexibility, we will be a leading-edge administrative tribunal and a creative partner in building the future of the Canadian immigration system.	Excellence in delivery Valuing people Open, honest, timely communication Relevant, responsive and accountable management Working together effectively

The IRB is fully committed to applying fairness to all aspects of its work, which in turn means being just, lawful, honest, open and without bias. This includes recognizing that some individuals who appear before the IRB have experienced very difficult circumstances, and respecting the cultural diversity of individuals who appear before the IRB. It also means recognizing that not only does the determination of each case profoundly affect people's lives, it also means recognizing that the determination of cases has a direct impact on the security of Canadians.

What we do

As Canada's largest federal tribunal, the IRB employs approximately 1,025 people at its headquarters and in its regional offices. The organization consists of a number of divisions and branches (see Figure 1.2). Each of the IRB's three divisions has its own mandate under the Immigration and Refugee Protection Act (IRPA).

Table 1.2: The Mandates of the IRB Divisions

Refugee Protection Division (RPD)

Hears refugee protection claims
Hears applications for vacation of refugee protection
Hears 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 of Canada has decided that they have not fulfilled their residency obligation
Hears appeals by the Minister from ID decisions at admissibility hearings

Through each division, the IRB generally strives to deliver a simpler and faster form of justice than that provided by the courts, but with no less attentiveness to the rigour of the law and its application to the particular facts of each case. The IRB is a human rights tribunal, and the women and men who work at the IRB respect the human dignity of all those who come before it. The decision-makers in the RPD and the IAD are Governor-in-Council (GIC) appointees while the decision-makers in the ID are public service employees.

An Operations Branch provides operational, adjudicative and policy support to the IRB's three divisions. The other parts of the organization provide a range of internal services that include management and oversight, legal services, communications, financial management, human resources (HR) management, information technology, procurement and assets management, information management, evaluation and internal audit services. Together, these provide the IRB with efficient adjudicative support, management processes and administrative services while promoting organizational effectiveness.

Benefits to Canadians

Immigrants and refugees have always made significant contributions to Canada's growth and development. In the delivery of its mandate, the IRB benefits Canadians in three important ways:

Its hearings on refugee claims ensure that Canada accepts those in need of protection in accordance with international obligations and Canadian law
Its hearings on admissibility and detention reviews help ensure the security of Canadians
Its independent mechanism for resolving sponsorship, removal order and permanent residence status appeals helps to reunite families and ensure the security of Canadians

Through the resolutions and decisions it makes, 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
Equality
Fairness
Peace
Rule of law

IRB Logic Model

What we do, what we produce and the impact of these activities are captured in the following diagram. It represents a dynamic process in which information is shared throughout the IRB to ensure that everyone in the organization is focused on the appropriate activities and outputs in order to achieve the expected results and benefits for Canadians.

Figure 1.1: The IRB Logic Model

(Click on image to enlarge)

Organizational Information

Chairperson

The Chairperson is the IRB's Chief Executive Officer, senior decision-maker and spokesperson. Providing overall leadership and direction to the IRB's three decision-making divisions, the Chairperson is responsible for creating and promoting a vision of the IRB that unifies all IRB personnel around the common purpose of resolving immigration and refugee cases, as early as possible in the process, while maintaining fairness and quality.

Executive Director

The Executive Director is the IRB's Chief Operating Officer and reports to the IRB Chairperson. The Executive Director is responsible for IRB operations and the administration of the IRB's three decision-making divisions.

The Executive Director is responsible for the complement of public service employees, including those who provide direct support to the IRB's decision-making activities. This position is currently vacant pending decisions on IRB governance.

Senior Management

Two Deputy Chairpersons (appointed by the Governor in Council) and one Director General (appointed under the Public Service Employment Act) oversee decision-making in the three divisions. Four Directors General and a Senior General Counsel (all appointed under the Public Service Employment Act) are responsible for the IRB's operations, legal services and corporate management and services functions.

Organizational Chart

Figure 1.2: IRB Organizational Chart

(Click on image to enlarge)

Program Activity Architecture Crosswalk

The 2006 Budget called for a renewal of the Government's Expenditure Management System (EMS) with the aim of ensuring that federal programs focus on results, deliver value for money, are consistent with federal priorities and continue to serve the purposes for which they were created. The Treasury Board Secretariat (TBS) has indicated that full implementation of its Management, Resources and Results Structure (MRRS) Policy is an essential element of a renewed EMS for the Government of Canada.

As part of this implementation process, the IRB received approval from the TBS in 2007-2008 to amend its Program Activity Architecture (PAA). Specifically, the descriptions of the IRB's strategic outcome and program activities were updated whereby the sub-program and sub sub-program activities were rolled up into their respective, higher-level program activities (see Figure 1.3).

The end result is a more streamlined and efficient PAA that fully complies with the MRRS Policy. In 2008-2009, the IRB will finalize its MRRS performance measurement framework and governance structure, which will complete the IRB's implementation of the MRRS Policy.

This Report on Plans and Priorities (RPP) is based on the IRB's amended PAA. There is no redistribution of financial resources. The IRB's work continues to be conducted through three program activities and internal services. The three program activities are responsible for all tribunal decisions and resolutions made at the IRB and internal services is responsible for the IRB's corporate management services that support the IRB's program activities (see Figure 1.4).

Figure 1.3: The IRB Program Activity Architecture Crosswalk

(Click on image to enlarge)

Descriptions of the IRB's amended program activities and internal services are presented in the figure below.

Figure 1.4: The 2008-2009 IRB Program Activity Architecture Descriptions

(Click on image to enlarge)

Voted and Statutory Items

The table below shows how Parliament votes resources to the IRB and largely replicates the summary table displayed in the Main Estimates. Resources are presented to Parliament in this format. Parliament approves the voted funding and the statutory information is provided for information purposes.

Table 1.3: Voted and Statutory Items

2008-2009			($ millions)
Voted or Statutory Items	Truncated Vote of Statutory Wording	2008-2009 Main Estimates	2007-2008 Main Estimates
10	Program expenditures	100.6	100.3
(S)	Contributions to employee benefit plans	12.8	13.4
Total		113.4	113.7

Planned Spending and Full-Time Equivalents

The following table summarizes the Main Estimates and presents the IRB's total planned spending requirements for 2008-2009, 2009-2010 and 2010-2011.

Table 1.4: Planned Spending and Full-time Equivalents (FTEs)

	($ millions)
	Forecast Spending 2007-2008	Planned Spending 2008-2009	Planned Spending 2009-2010	Planned Spending 2010-2011
Refugee Protection	85.5	80.8	80.6	80.6
Admissibility Hearings and Detention Reviews	15.2	15.2	15.2	15.2
Immigration Appeal	13.0	17.4	17.4	17.4
Budgetary Main Estimates (gross)	113.7	113.4	113.2	113.2
Less: Respendable revenue
Total Main Estimates	113.7	113.4	113.2	113.2
Adjustments:
Supplementary Estimates
Funding for activities that are essential to the continued implementation of the Public Service Modernization Act	0.1
Other
Operating budget carry forward (Treasury Board Vote 22)	4.6
Compensation adjustments (Treasury Board Vote 15)	0.7
Incremental funding for internal audit (Treasury Board Vote 10)	0.1
Employee Benefit Plan (EBP)	0.2
Total Adjustments	5.7
Total Planned Spending	119.4	113.4	113.2	113.2
Plus: Cost of services received without charge	19.6	19.6	19.6	19.6
Total Spending	139.0	133.0	132.8	132.8
Full-time Equivalents (FTEs)	1,025	1,025	1,025	1,025

The variance between the 2007-2008 Forecast Spending and Planned Spending in 2008-2009 is a decrease of $6.0 million. This decrease is mainly due to:

The operating budget carry forward for 2006-2007 of $4.6 million;
A decrease of $0.7 million from the Cost Efficiency Savings Reduction; and
A decrease of $0.7 million to adjust the EBP factor from 18.5% to 17.5%.

Summary Information

Total Financial and Human Resources

The IRB's three-year forecast for its total financial and human resources is presented below.

Table 1.5: Total Financial and Human Resources Requirements for 2008-2009, 2009-2010 and 2010-2011

Financial Resources ($ millions)
2008-2009	2009-2010	2010-2011
113.4	113.2	113.2

Human Resources (Full-time Equivalents)
2008-2009	2009-2010	2010-2011
1,025	1,025	1,025

IRB Strategic Outcome and Strategic Priorities

This section provides information at the organizational level on the IRB's strategic outcome, strategic priorities and program activities by strategic outcome.

IRB Strategic Outcome

Based on its legislated mandate, the IRB's single strategic outcome (as amended for 2008-2009) is as follows:

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

IRB Strategic Priorities

To achieve its strategic outcome, the IRB has identified three strategic priorities for 2008-2009. These contribute 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.

Table 1.6: IRB Strategic Priorities for 2008-2009

STRATEGIC OUTCOME: Resolve immigration and refugee cases before the Immigration and Refugee Board of Canada efficiently, fairly and in accordance with the law.
2008-2009 STRATEGIC PRIORITIES
1. Manage the case inventory through innovative adjudicative and case management strategies.	Ongoing
2. Further integrate the work of the IRB to promote effective management.	Previously committed to
3. Continue to build a flexible organization with clear accountabilities, ethical behaviour, leadership and operational capacity.	Previously committed to

IRB Program Activities by Strategic Outcome

The following table presents the IRB's strategic outcome, supporting program activities, the overall expected result for each program activity (as per the IRB's amended PAA) and the planned spending for each program activity.

Table 1.7: IRB Program Activities by Strategic Outcome

Program Activities by Strategic Outcome					($ millions)
	Expected Results	Planned Spending
	Expected Results	2008-2009	2009-2010	2010-2011
STRATEGIC OUTCOME: Resolve immigration and refugee cases before the Immigration and Refugee Board of Canada efficiently, fairly and in accordance with the law.					The IRB's three strategic priorities support the IRB's strategic outcome.
Refugee Protection Program Activity	Quality decisions rendered and cases resolved in a timely manner regarding refugee protection claims made in Canada.	80.8	80.6	80.6
Admissibility Hearings and Detention Reviews Program Activity	Quality decisions rendered and cases resolved in a timely manner regarding admissibility hearings and detention reviews.	15.2	15.2	15.2
Immigration Appeal Program Activity	Quality decisions rendered and cases resolved in a timely manner regarding immigration appeals.	17.4	17.4	17.4

Note: The total Internal Services planned spending per year is $28.0 million and includes $17.6 million for personnel, $3.1 million for the EBP and $7.3 million for other operating expenditures. The amount of $28.0 million is proportionally reallocated to the IRB's program activities: $19.9 million to Refugee Protection, $3.8 million to Admissibility Hearings and Detention Reviews and $4.3 million to Immigration Appeal. The reallocation is based on respective budget expenditure trends.

IRB Plans and Priorities

The IRB develops an Integrated Business Plan (IBP) for each fiscal year. In the IBP, program and management priorities (i.e., the IRB's strategic priorities) are established along with supporting plans and expected results for each program activity.

The IRB's 2008-2009 IBP is aligned with the stated plans and priorities of this RPP and will be monitored for progress and performance through senior management reviews. In 2008-2009, efforts will continue to integrate common procedural, adjudicative and administrative activities across the organization and to identify ways to improve productivity and value for money in the organization, which contribute directly to achieving better results for Canadians.

Program and management plans and priorities for the organization are presented in Sections 2 and 4.

Operating Environment

The IRB carries out its mandate within a complex and ever-changing environment. Both international and domestic factors can influence the IRB's operating environment and context. For example, conflicts and country conditions abroad can result in refugee movements, which in turn affect the number of refugee protection claims made in Canada. The same is true of unanticipated shifts in international migration patterns, which can affect the number of people seeking admission to Canada.

Refugee Populations

The 2006 Global Trends report, published by the United Nations High Commissioner for Refugees (UNHCR), shows that there were an estimated 9.9 million refugees by the second quarter of 2006. Furthermore, according to recent figures (January to September 2007) from the Intergovernmental Consultations on Asylum, Refugee and Migration Policies, the number of claims for refugee protection made in many industrialized nations has continued to decline.

Figure 1.5: Refugee Claims Filed (2003-2007)

(Click on image to enlarge)

In Canada, however, the increase in refugee protection claims seen in 2006 continued into 2007 with Mexico, Colombia and Haiti representing the top source countries for refugee protection claims. The Americas account for well over half of all claims referred and Mexico continues to comprise an increasing portion of all IRB referrals at nearly 25 percent.

In 2008-2009, Mexico, Haiti, Colombia and China are expected to be the top source countries for refugee protection claims in Canada. This is due to a number of factors, including political polarization and slow or stagnant economic growth in parts of Latin America, shifting American asylum policies and political unrest in Asia.

Changing Workloads

In light of the changing workloads due to the increased numbers of refugee protection claims and immigration appeals, the IRB is increasing its emphasis on an integrated approach to the management and processing of all of its cases. Cases are becoming more complex, driven by mixed migration, broader grounds for protection, security concerns and fraudulent documentation.

Growing Trend of Family Sponsorships

Immigration continues to be very important for Canada, as immigrants represent an increasing part of the population. Canada's population of immigrants is expected to reach between 7 and 9.3 million by 2017. In this context and given the Government of Canada's priority of promoting family reunification, family-class sponsorship applications have increased at Canadian visa posts around the world. As a result, the IRB will continue to experience a growing number of family sponsorship appeals.

Refugee Appeal Division

As a result of the tabling of Bill C-280, which calls for the implementation of the Refugee Appeal Division (RAD), the IRB and its portfolio partners CIC and the Canada Border Services Agency (CBSA) are carrying out preliminary work to determine the implementation plan for the RAD in the event that Bill C-280 comes into force. There are many challenges associated with the uncertainty of the legislative result of Bill C-280. This includes the availability of funding to support the RAD, the impact that the RAD will have on the IRB in light of the RPD's increasing inventory and the current shortfall in the decision-maker complement.

Safe Third Country Agreement

The Safe Third Country Agreement has been in effect between the United States and Canada since 2005. Under that agreement, refugee protection claimants who travel through the United States or Canada, with some exceptions, are required to make their claims in the country where they first arrived. The IRB is closely monitoring the litigation surrounding this agreement as a change in the agreement or its legal status could have an impact on the numbers of refugee claims referred to the RPD as well as the distribution of those claims across the country.

Accountability

Public interest in the IRB's work continues, along with a greater demand for accountability and transparency in government. In December 2006, the Government of Canada brought into force the Federal Accountability Act (FAA). As noted in the April 2006 Speech from the Throne, this Act changes the existing system of oversight and management by strengthening the rules and institutions that ensure transparency and accountability to Canadians. The IRB continues to respond to this demand by improving performance reporting and implementing modern management practices (e.g., risk management and core management controls). Furthermore, the IRB is strengthening its management accountability in the areas identified for further progress in Round IV of the TBS Management Accountability Framework (MAF) Assessments.

Government-wide initiatives

The IRB continues to implement government-wide initiatives aimed at improving public sector management and management practices in order to enhance the organization's overall performance. In 2008-2009, initiatives will include the full implementation of the Government of Canada's MRRS Policy and the development of procurement and assets management policies and directives. The IRB will also continue to modernize its HR management practices and implement further initiatives related to the renewal of the public service and employment equity. These measures support the IRB's efforts to build the requisite management and organizational capacity to sustain a high volume of resolutions and decisions by ensuring that the necessary infrastructure and best management practices are in place.

Code of Conduct and Protocol Addressing GIC Decision-maker Conduct Issues

The IRB will adopt a new Code of Conduct over the next fiscal year, applicable to all quasi-judicial decision-makers at the IRB, to make it more comprehensive and consistent with the FAA. The IRB was the first federal administrative tribunal to institute a formal process for addressing complaints about the conduct of GIC-appointed decision-makers. The Protocol Addressing Member Conduct Issues instituted in October 1999 recognizes that high standards of conduct are required of public officials, such as IRB decision-makers. This protocol will undergo a thorough revision in 2008-2009.

GIC Decision-maker Recruitment and Selection Process

Canadians expect high levels of competence and ethical conduct from those who hold public office. A merit-based approach for the selection and appointment of public officials in government is an important way for federal institutions to promote public confidence.

In 2008-2009, the IRB will further implement a strengthened merit-based GIC decision-maker selection process, which bolsters the competency focus of the IRB selection process while increasing transparency and fairness. Under the revised selection process, the new Selection Advisory Board (SAB) reviews the candidates' qualifications, which are measured against a high standard of competence to ensure that skills, abilities and personal suitability are the basis for the appointment. All current GIC decision-makers have been and will continue to be appraised against the competency standards.

In the next fiscal year, the IRB will continue to conduct regular and focused recruitment campaigns to ensure that the Chairperson is able to provide the Minister with recommendations on a sufficient number of qualified candidates who have successfully completed the rigorous SAB process. Particular efforts will be made to ensure that candidates who can conduct hearings in both official languages are recommended for all regions. These campaigns build on the intensive decision-maker recruitment efforts initiated in mid-2007 and were ongoing at the end of March 2008.

Portfolio Management

As partners within the immigration and refugee portfolio, the IRB, CIC and the CBSA collaborate on operational matters while respecting each other's distinct mandates and the IRB's independence (see Figure 1.6). The portfolio approach has created opportunities for effective communication and coordination. Relationships within the portfolio reflect strengthened efforts in this regard on issues relating to the overall management of the portfolio and take into account evolving case management initiatives designed to meet ongoing challenges.

The IRB, CIC and the CBSA are currently negotiating a trilateral Memorandum of Understanding (MOU) which will more clearly define their institutional relationships and reflect the current operational environment and priorities. The agreement is expected to be signed in 2008-2009. This MOU will build on the IRB and CIC Administrative Framework Agreement, which has been in place since December 1996. It defines the administrative relationship between the two organizations while underlining the institutional independence of the IRB and its decision-makers.

Figure 1.6: The IRB, CIC and CBSA Portfolio

(Click on image to enlarge)

Partners and Agencies

The IRB continues to work closely with central agencies, including the Privy Council Office on GIC appointments of IRB decision-makers and on regulatory initiatives and the TBS on program management and accountability. The IRB also works with Public Works and Government Services Canada on procurement and accommodation issues and with the Public Service Commission, the Canada Public Service Agency and the Canada School of Public Service on HR management issues. In addition, the IRB will play a leading role in the organization of the 2008 conference of the Council of Canadian Administrative Tribunals, of which the Chairperson is co-chair. Conferences such as this provide an opportunity for Canadian administrative tribunals to share best practices and new approaches to emerging issues.

Stakeholders

The IRB's Consultative Committee on Practices and Procedures (CCPP) encourages systematic and regular contact between the IRB and non-governmental stakeholders at the national level. The Committee is composed of representatives from the Canadian Council for Refugees, the Canadian Bar Association, the Refugee Lawyers Association, L'Association québécoise des avocats et des avocates en droit de l'immigration, the Canadian Association of Professional Immigration Consultants and the UNHCR. The CCPP provides a forum for consultation, advice, information sharing and the discussion of issues of mutual concern regarding procedures and practices.

IRB regional offices maintain relationships with their own regional stakeholders, including immigration consultants and bar associations, refugee and refugee law associations, UNHCR regional representatives and non-governmental organizations.

In an effort to further enhance its interaction with stakeholders, the IRB is examining how it coordinates consultations to improve the way by which the regional offices and headquarters share this information. As part of this exercise, the IRB will be proposing some adjustments to the CCPP and will introduce a new consultative framework to improve its consultative activities and better manage its relationships with stakeholders.

International Context

Refugee protection transcends national borders. The IRB has established an international reputation for expertise in refugee determination. Consistent with our mandate and resources, the IRB maintains an active international presence in three main areas.

Participation in specialized multilateral fora: the IRB regularly participates in the International Association of Refugee Law Judges, the UNHCR Executive Committee, the Intergovernmental Consultations on Migration, Asylum and Refugees and the European Union Network for Asylum Practitioners.
Bilateral intergovernmental relations: the IRB exchanges information and practices with a number of other refugee-receiving countries, including, Australia, Germany, Japan, the Republic of Korea, the Netherlands, New Zealand, Sweden, the United Kingdom and the United States of America.
Transfer of expertise/capacity-building partnerships: the IRB is involved in a multi-faceted partnership with the UNHCR whereby IRB personnel provide training and guidance on refugee status determination to UNHCR field staff. Discussions are also taking place on the possibility of expanding this partnership to capacity-building initiatives involving nascent national refugee authorities.

Section 2: Analysis of Program Activities by Strategic Outcome

This section provides detailed information on the plans and expected results and financial and human resources for the IRB's three program activities.

Common Elements

As noted in Section 1, the IRB prepares an IBP. The RPP and the Departmental Performance Report (DPR) are based on the plans and expected results presented in this annual plan.

A key part of the IRB's RPP, DPR and IBP is the identification of the plans and expected results of initiatives that are of common interest to the three program activities. The three program activities will work together to achieve these plans and expected results, which directly support the achievement of the IRB's 2008-2009 strategic priorities and strategic outcome.

Table 2.1: Common Elements in the IRB's Plans and Expected Results

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	Expected Results
Integrated Case Management System (ICMS)
*Continued Implementation of ICMS*
ICMS Transition from the System for Tracking and Refugees (STAR)
ICMS Maintenance: Identify and implement system enhancements through consultation and decision-making with the client (regions)	Proactive, logical and managed system evolution responds to business, operational and strategic needs New referrals are re-introduced in ICMS Reliance on STAR is decreased Operational procedures are updated The ICMS application is improved through maintenance releases
ICMS Caseload: Provide support to the regional operations to ensure processing of the RPD caseload in ICMS	System changes are identified and implemented to support RPD case management priorities Claims are finalized in ICMS Skills and competencies related to ICMS are increased
ICMS Reporting: Review reporting mechanisms to support senior management decision-making and operational case management	Reporting capacity is enhanced to support decision-making, forecasting, analysis and operational performance management
*ICMS*
ICMS Training
Deliver system training/re-training to public service employees and decision-makers across the country via the ICMS training network, coaching/mentoring, e-learning modules, new decision-maker training, mock hearing room and/or classroom training	Network of subject-matter experts is expanded and strengthened in headquarters and in the regions Collaboration and decision-making support for ICMS maintenance is enhanced Organizational capacity, skills, knowledge and acceptance of the use of ICMS are increased
ICMS Modules
Initiate consultations to map the business process and develop business requirements for the ID	A clear statement of business needs and processes is developed to support ID operations A national consensus and sign-off on requirements to proceed with design components is obtained A project team is created
Develop the National Reasons Database	The National Reasons Database is planned and implementation is under way for quality and consistent decision-making in all divisions Support is provided for adjudicative strategies A standard reasons format is in place for the three divisions
Develop a framework for the use of videoconferencing and new technology across the divisions	A comprehensive and integrated approach to the use of videoconferencing is in place for the three divisions Procedures are developed for cases to be heard by other IRB offices National tools are developed to support videoconferencing (e.g., instructions and case tracking)
Hearing readiness: take pre-hearing action to ensure that files are hearing-ready and to facilitate a proactive hearing	Case readiness procedures are implemented across the three divisions (volume driven): RPD: Improved pre-hearing action to ensure files are hearing-ready ID: Improved pre-hearing action to ensure files are hearing-ready; adjournments and postponements caused by a lack of hearing readiness are reduced IAD: Improved pre-hearing actions to ensure files are hearing-ready; adjournments and postponements caused by a lack of hearing readiness are reduced; tribunal officers conduct show cause conferences and pre-hearing conferences
Evaluate the revised ID-IAD streamlining process and consider expansion to other regions	A successfully revised process with effective participation by counsel and the CBSA The evaluation of the revised process is completed and the recommendations for improvement and possible expansion to other regions are considered and/or implemented Processing times are reduced to less than 60 working days Monitoring reports are created and applied to monitor progress and measure results
ID-IAD implementation of new legislation with respect to s. 86 in accordance with the law	Revised policy and procedures are implemented and compliant with the new legislation Decision-makers and adjudicative support staff are trained
Deliver focused training on priority topics in order to: Meet the needs of decision-makers and tribunal officers and promote quality, consistency and efficiency Ensure RPD and IAD decision-makers are cross-divisionally trained Ensure tribunal officers are trained to provide support to all divisions Provide joint training where appropriate	Training is delivered on IAD adjudicative strategies, including conducting proactive hearings and conducting hearings in the absence of the Minister's counsel Tribunal officers are provided with advanced Alternative Dispute Resolution (ADR) and Early Informal Resolution (EIR) training A framework is established for the adjudicative support community at the PM-04-06 level by identifying training needs as required, leadership and management skills and legal and procedural knowledge Training is delivered on the Code of Conduct for decision-makers Tribunal officers are trained to provide support to all divisions Training is delivered on issues identified in the ID adjudicative strategy Cross-divisional training provided to RPD and IAD 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	The IRB incorporates the experiences of Canada's administrative justice community and international partners into the development of its best practices as appropriate
STRATEGIC PRIORITY 2 Further integrate the work of the IRB to promote effective management.
Plans	Expected Results
Evaluate the IAD-RPD Western Region Integration pilot project and consider expansion to other regions	The evaluation of the pilot project is completed and the recommendations for improvement and possible expansion to other regions are considered and/or implemented where warranted by decision-maker resources and divisional needs
Develop a common approach to reducing adjournments/postponements across the divisions	A comprehensive approach to reducing adjournments/ postponements that includes consistent responses to a lack of readiness of the party or counsel or the IRB
STRATEGIC PRIORITY 3 Continue to build a flexible organization with clear accountabilities, ethical behaviour, leadership and operational capacity.
Plans	Expected Results
Implement an action plan further to the recommendations of the Roles and Responsibilities Review	Approved recommendations are implemented or initiated
Implement the revised IRB Code of Conduct for all decision-makers	An IRB Code of Conduct for decision-makers is implemented Training on the IRB Code of Conduct for decision-makers is completed across the three divisions
Revise the complaint protocol and process for GIC decision-makers	A revised complaint protocol and process for GIC decision-makers is in place
Pursue recruitment efforts of GIC decision-makers for the RPD and the IAD	General and focused recruitment campaigns are conducted A list of successful candidates meeting IRB's requirements is established and recommended to the Minister
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	GIC resource planning is incorporated into the IRB's business planning cycles Necessary support is provided to new decision-makers over at least the first year in the position
Review and update accountability profiles for GIC decision-makers and develop guidelines on the application of GIC terms and conditions of employment	The accountability profiles for GIC decision-makers are updated The performance evaluation process is reviewed Guidelines on the GIC terms and conditions of employment are established

Distinct Program Activity Elements

The IRB's IBP also identifies the plans, expected results and operations that are distinct to each IRB program activity and contribute to achieving the IRB's strategic priorities for 2008-2009 and the IRB's strategic outcome. These are highlighted in the following detailed analyses; the detailed analysis for Internal Services is presented in Section 4.

Refugee Protection Program Activity

The Refugee Protection program activity receives the majority of IRB resources and is focused on rendering quality and timely decisions on inland refugee protection claims. To deliver on this mandate, the Refugee Protection program activity depends on experienced decision-makers and adjudicative support.

Total Planned Financial and Human Resources

Table 2.2: Refugee Protection Program Activity Total Planned Financial and Human Resources

Financial Resources ($ millions)
2008-2009	2009-2010	2010-2011
80.8	80.6	80.6

Human Resources (FTEs)
2008-2009	2009-2010	2010-2011
780	780	780

2008-2009 Outlook

The deficit of decision-makers in the Refugee Protection program activity continues. Throughout much of 2007-2008, the Refugee Protection program activity experienced an average shortfall of 36 percent in decision-makers. It is likely that a significant shortage will remain in 2008-2009 with 32 decision-makers reaching the end of their terms during the next fiscal year.

The growing deficit of decision-makers has a direct impact on the IRB's ability to render fast and fair decisions. Approximately six months of training and experience is required for a new decision-maker to become fully productive, i.e., to finalize refugee claim decisions.

Despite the number of challenges that the Refugee Protection program activity faces in the next fiscal year, it will continue to enhance its decision-making process. The Refugee Protection program activity remains committed to maintaining the high standard of decision-making that has earned its refugee determination process international recognition as one of the best in the world.

Key Plans and Expected Results

The Refugee Protection program activity will benefit from the expected results of the common elements identified in Table 2.1 to achieve its forecasts for 2008-2009. In addition to its contribution to the realization of the common elements, the Refugee Protection program activity will also undertake the plans and expected results outlined in the following table.

Table 2.4: Refugee Protection Program Activity Plans and Expected Results

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	Expected Results
Implement a case management strategy to minimize the growing backlog of pending claims	Increased use of fast track and expedited processes Increased use of Guideline 6 (postponements and adjournments)
Develop and implement an adjudicative strategy to ensure quality and efficiency of decision-making	New quality tools are implemented (e.g., decision trees, flow charts and check lists)
Evaluate the RPD Language Analysis Pilot Project and present results to the Policy Advisory Committee	A full and comprehensive analysis is conducted on the advantages and disadvantages of using language analysis as a long-term tool in refugee determination
Develop the next steps for the Early Information Gathering (EIG) initiative	EIG processes are implemented in the Eastern Region; initial steps are taken to implement EIG processes in the Central and Western Regions
Improve the National Documentation Packages (NDPs)	Presentation of NDPs is timely and consistent with country-specific changes

Outputs

The 2008-2009 outputs for the Refugee Protection program activity are as follows:

Claims referred
Claims finalized
Claims pending
Average processing time
Average cost per claim finalized

Claims referred

Based on current trends, the Refugee Protection program activity expects that it will receive approximately 36,000 new claims in 2008-2009, 20 percent more than in 2007-2008.

Figure 2.1: Refugee Protection Claims Referred

Chart showing the number of refugee protection claims referred.

(Click on image to enlarge)

Note: The numbers have been rounded off to the nearest hundred.

Claims finalized

Despite the significant shortage of decision-makers, the Refugee Protection program activity expects to finalize approximately 16,000 claims in 2008-2009, 14 percent more than in 2007-2008. This is due in part to continued enhancements in the decision-making process.

Figure 2.2: Refugee Protection Claims Finalized

Chart showing the number of refugee protection claims finalized.

(Click on image to enlarge)

Note: The numbers have been rounded off to the nearest hundred.

Claims pending

The significant decrease in decision-makers and unexpected influx of claims in 2007-2008 resulted in a pending inventory of approximately 42,300 claims; an amount that will increase in the next fiscal year without the required decision-makers. As a result, it is projected that the pending inventory could exceed 60,000 claims by the end of 2008-2009. Even with new appointments, this number will increase due in part to the time required to train new decision-makers.

Figure 2.3: Refugee Protection Claims Pending

Chart showing the number of refugee protection claims pending.

Note: The numbers have been rounded off to the nearest hundred.

Average processing time

Based on the expectation that the Refugee Protection program activity will have a pending inventory of 62,300 claims in 2008-2009, the time required to finalize a claim will increase, and it may take on average 16.5 months to process a claim (from referral to finalization) in 2008-2009.

Average cost per claim finalized

Based on 16,000 claim finalizations, the average forecasted cost per claim is expected to be $4,700 for 2008-2009. The forecasted average cost per claim is higher than the 2006-2007 actual average cost of $4,117. The increase for 2008-2009 is attributable to several factors, including a higher share of fixed costs per unit caused by a decrease in the projected volume of claim finalizations and increased salary costs.

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 Internal Services, which is allocated to the three program activities, based on expenditure trends.

This Refugee Protection master graph provides detailed information and a comparison of the main activities during the past two fiscal years.

(Click on image to enlarge)

Admissibility Hearings and Detention Reviews Program Activity

The Admissibility Hearings and Detention Reviews program activity holds hearings for foreign nationals or permanent residents who are alleged to be inadmissible to Canada pursuant to the provisions of the IRPA. Detention reviews are held concerning permanent residents and foreign nationals who are detained under the IRPA authority. Detainees must be seen by the Immigration Division within 48 hours and subsequent reviews must be conducted within specific timeframes as set out in the IRPA. Decision-makers must balance the rights of individuals to liberty with the security interests of Canadians and persons in Canada.