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Message from the Chairperson

I am pleased to present the 2010-11 Report on Plans and Priorities for the Immigration and Refugee Board of Canada (IRB).

The IRB is an independent, administrative tribunal with important functions within Canada's immigration and refugee determination system. Every day, decision-makers from its three divisions-the Refugee Protection Division (RPD), the Immigration Division (ID) and the Immigration Appeal Division (IAD)—hear and decide matters ranging from refugee claims and admissibility hearings to immigration appeals and detention reviews. The impact of these decisions on the individuals concerned and their families, as well as Canadians generally, is profound, and IRB personnel carry out their work with a keen sense of the responsibility inherent in the Board's mission.

Canadians and persons appearing before the IRB expect it to fulfil its functions with the highest regard for integrity, fairness and efficiency. Since becoming Chairperson, I have pursued a vision for the IRB based on these values, and I am proud of the results we have achieved. By strengthening accountability mechanisms for decision-makers, re-orienting and streamlining the Board's management structures, and promoting enhanced quality and timeliness in decision-making, the IRB is a more effective, integrated organization that is well-positioned to meet the challenges that lie ahead.

Our operating environment

The IRB carries out its work in a complex environment where refugee movements and shifting migration patterns, among other factors, influence the number and type of cases received. All three IRB divisions have experienced high intake levels in recent years. While these levels are expected to remain high in the IAD and the ID in 2010-11, it is projected that the number of cases referred to the RPD will continue to ease as a result of Government policy measures. Nonetheless, the elevated intake has contributed to the growth of substantial backlogs in both the IAD and the RPD, and the RPD's backlog in particular has increased beyond the IRB's capacity to address it within existing resource levels.

The IRB has worked closely with the Minister of Citizenship, Immigration and Multiculturalism, his staff and the Privy Council Office over the past year to address the shortfall in the complement of Governor in Council decision-makers. These efforts have allowed the Board to return to a nearly full complement in the RPD and the IAD. Although a large proportion of decision-makers in both divisions have only recently been appointed, we nevertheless expect to resolve 25,000 refugee protection claims and 6,500 immigration appeals in 2010-11 through improved case management.

Focus on innovation

Over the past several years, the IRB has pursued operational and adjudicative efficiencies to increase productivity in its three divisions without sacrificing fairness. While these efforts will continue in 2010-11, the adoption of further efficiency measures will only allow us to stop the growth of the RPD backlog. Additional resources are required to substantially reduce or eliminate the accumulated inventory.

Key priorities for 2010-11

We have identified the following two strategic priorities for 2010-11 that build on those from the previous fiscal year:

• Continue to maximize case resolutions while ensuring quality and fairness;
• Continue to promote an adaptive, integrated and flexible organization that values its people.

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

• Continue recruitment of needed personnel;
• Strengthen management practices in targeted areas;
• Continue to develop options to address the case backlogs;
• Further enhance adjudicative support to ensure that files are hearing-ready;
• Implement and monitor quality standards for decision-making and support;
• Implement the results of Strategic Review;
• Prepare for implementation of possible legislative reform;
• Continue to engage with key partners, stakeholders and personnel.

Looking ahead

In 2010-11, we will continue to integrate our operations to become a more flexible organization while recognizing that the implementation of Strategic Review and the possibility of refugee reform may greatly influence our operating environment. I invite you to read this report and to visit our Web site at www.irb-cisr.gc.ca for more information.

 

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Section I – Overview

Raison d'être and Responsibilities

The 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) from which each IRB division gets its mandate.

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 http://www.irb-cisr.gc.ca/eng/brdcom/publications/oveape/Pages/index.aspx

Regional Operations

The IRB carries out its work in three regional offices in Toronto, Montréal and Vancouver: the Central Region, responsible for Ontario, except for the Ottawa area; the Eastern Region, responsible for Quebec, the National Capital Region and the Atlantic provinces; and the Western Region, responsible for the Western provinces. All three divisions hold hearings in these regions, supported 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 Headquarters, located in Ottawa.

Administrative Justice

Through 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, the rigour of the law and its application 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 individuals who appear before it, some of whom have experienced very difficult circumstances.

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 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 helps to ensure the security of Canadians;
• 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 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 (PAA)

Based on its legislated mandate and its currently approved PAA, the IRB has a single strategic outcome and three program activities that include responsibility for all tribunal decisions and resolutions. The fourth program activity, Internal Services, supports the first three as illustrated by the figure below.

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Planning Summary

Financial Resources ($ millions)

2010-11	2011-12	2012-13
117.1	116.9	116.9

Human Resources (FTEs)

2010-11	2011-12	2012-13
1,025	1,025	1,025

 

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 Indicators In addition to the productivity indicators described for each of the program activities (see Section II), the following quality indicator will be used: - Percentage of IRB decisions overturned by the Federal Court	Target - Less than 1%

Program Activity 1	Forecast Spending ($ Millions)	Planned Spending 2 ($ Millions)			Alignment to Government of Canada
	2009-10	2010-11	2011-12	2012-13
Refugee Protection Program Activity	58.9	57.9	57.8	57.8	A safe and secure world through international cooperation
Admissibility Hearings and Detention Reviews Program Activity	8.6	12.7	12.7	12.7	A safe and secure Canada
Immigration Appeal Program Activity	16.9	14.6	14.6	14.6	A vibrant Canadian culture and heritage 3
Internal Services Program Activity	31.0	31.9	31.8	31.8
Total Planned Spending	115.4	117.1	116.9	116.9

1: For program activity descriptions, please refer to Section II or access the Main Estimates online at http://www.tbs-sct.gc.ca/est-pre/index-eng.asp.
2: Planned Spending is based on the IRB submission for the Main Estimates and does not include possible reductions or reinvestments resulting from the Strategic Review that will be finalized after the deadline for this report.
3: Through its removal orders work, the Immigration Appeal program activity also contributes to the Government of Canada outcome "A Safe and Secure Canada".

IRB Strategic Priorities

The IRB's two strategic priorities for 2010-11 are summarized in the table below. Supporting the same single strategic outcome, these priorities have evolved from priorities identified in previous years. During 2010-11, efforts will continue in order to further improve the Board's practices and achieve even better results for Canadians.

2010-11 Strategic Priorities

Priorities	Type	Description
Continue to maximize case resolutions while ensuring quality and fairness	Operational Ongoing	The IRB will continue to assess and recommend qualified candidates to the Minister for appointment in order to maintain a full complement of Governor in Council (GIC) decision-makers. Learning and training programs will be further enhanced. The Board will continue to develop options to address the pending case inventory and pursue resources to implement backlog reduction strategies. The IRB will also implement and monitor quality measurement standards for decision-making as well as adjudicative support.
Continue to promote an adaptive, integrated and flexible organization that values its people	Management Ongoing	The IRB will continue to ensure the consistent delivery of high-quality administrative justice within a changing environment. In 2010-11, the IRB will have to adapt to the changes brought about by the Strategic Review and the possibility of reform to the refugee determination system. The Board will further integrate its operations. Emphasis will also be 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 impact the number of people seeking admission to Canada.

Refugee populations. The report Asylum Levels and Trends in Industrialized Countries, First Half 2009, published by the United Nations High Commissioner for Refugees (UNHCR), shows that the number of asylum claims submitted in the 44 main industrialized countries continued the upward trend observed in the past two years. An estimated 185,500 applications were recorded during the first six months of 2009, 10 percent more than during the same period in 2008. If recent patterns in asylum applications remain unchanged, including historically higher numbers of claims in the second half of the year, the UNHCR predicts that the number of asylum claims submitted in the 44 surveyed countries may reach 400,000 during 2009.

Following the United States and France, Canada was the third largest recipient of applications among the 44 countries with 18,700 new asylum claims registered during the first half of 2009. This is an increase of 11 percent compared to the second half of 2008 (16,800 claims). The increase can largely be attributed to more Czechs and Hungarians requesting protection in Canada.

Despite the UNHCR's projection, the large number of referrals to the IRB was slowed following the Government's imposition of a visa requirement for Mexican and Czech citizens wishing to travel to Canada. This policy measure came into effect in mid-July 2009, and had a direct impact on protection claim referrals from these two high-volume source countries. As of January 2010, the IRB is projecting that its intake of refugee protection claims will decrease from 30,000 in 2009-10 to 25,000 in 2010-11, a reduction of 15 percent.

Growing trend of family sponsorships. Immigrants in Canada are expected to number between 7.0 and 9.3 million by 2017. It is within this context, and consistent with the Government's objective of promoting family reunification, that family class sponsorship applications have increased. With this increase, it is expected that the IRB will continue to receive a high number of family sponsorship appeals.

Challenges

Appointment of decision-makers. In order to resolve the refugee protection claims and immigration appeals referred to 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, 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 on a timely basis. By December 2009, this situation was largely corrected with an increased number of GIC decision-maker appointments and reappointments. During 2009, there were 60 appointments and 23 reappointments. The RPD and the IAD are expected to be close to full complement by the beginning of 2010-11. Although both divisions will have a large proportion of new decision-makers, the IRB anticipates finalizing 25,000 refugee protection claims and 6,500 immigration appeals during the reporting period, due to improved training and recent productivity increases.

Pending case inventory. There will be approximately 63,000 refugee protection claims and 11,900 immigration appeals pending at the beginning of the 2010-11 reporting period. This inventory has become progressively larger over the last three years, and results primarily from two external factors outside the IRB's control: an increased number of refugee protection claims referred and immigration appeals filed; and the shortfall in the IRB's GIC decision-maker complement. While the IRB will continue to pursue innovative strategies to further increase its productivity, such opportunities are becoming increasingly limited. Changes to resource levels are required in order to substantially reduce the inventory accumulated in the RPD or return it to normal operating levels.

Strategic review. On a four-year cycle, the Government carries out a review of program expenditures of departments and agencies with a view to identifying lower priority program funding that could be reallocated to higher Government priorities. The IRB began the cycle during 2009-10 and, as required by the review process, identified 5 percent of its budget for possible reallocation to other government priorities and also identified priority areas for possible reinvestment within the IRB. Government decisions on this review could affect the IRB's budget for three years, beginning in 2010-11. However, the results will only be known after the deadline for submission of this report. For this reason, the financial data presented in this report are based on the IRB submission for the Main Estimates and do not include possible reductions or reinvestments associated with the Strategic Review. The review may result in the IRB having its budget reduced by as much as 5 percent, or increased by government decisions on priority reinvestments, or a combination of both. The IRB will adjust its business plan at the beginning of 2010-11, once the results of the review are announced.

Reform to the refugee protection framework. At the time of publication of this report, the Government has stated its intention to reform the refugee protection system. Legislative changes in this regard would influence the IRB's operating environment and have an additional impact on the IRB's processes and internal resource allocations. Once legislation to reform the refugee protection system is tabled in Parliament, the IRB will closely assess the impact of the proposed measures and develop a detailed implementation plan. Implementation timelines will depend on the legislative process, Royal Assent and funding decisions.

Opportunities

Portfolio and stakeholders. As immigration and refugee portfolio partners, 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 subject 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 in common. During 2010-11, the IRB will continue to engage with portfolio partners and stakeholders in order to effectively implement its priorities and key initiatives.

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Expenditure Profile

Spending Trend 2006-07 to 2012-13

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Lower actual spending in 2007-08 was primarily due to delays in appointments and reappointments of GIC decision-makers and vacant public service positions. This resulted in fewer decisions rendered and translated than estimated.

The planned spending for 2010-11 and beyond is expected to remain constant; however, it does not reflect the potential reductions or reinvestments that could result from the Strategic Review, which will only be approved after the production of this report.

Allocation of Funding by Program Activity

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Voted and Statutory Items

Vote Number or Statutory Items (S)	Truncated Vote or Statutory Wording	2009-10 Main Estimates ($ Millions)	2010-11 Main Estimates ($ Millions)*
10	Program expenditures	100.8	104.0
(S)	Contributions to employee benefit plans	12.6	13.1
Total		113.4	117.1

^* Planned Spending numbers are based on the IRB submission for the Main Estimates and do not include possible reductions or reinvestments resulting from the Strategic Review that will be finalized after the deadline for this report.

 

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