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Message from the Chairperson

Brian Goodman, Chairperson

I am pleased to present the 2011-12 Report on Plans and Priorities for the Immigration and Refugee Board of Canada (IRB).

The IRB is an independent tribunal established by Parliament to resolve immigration and refugee cases efficiently, fairly and in accordance with the law. Through the work of its three divisions, namely the Refugee Protection Division (RPD), the Immigration Division (ID) and the Immigration Appeal Division (IAD), the Board contributes directly to Canada's humanitarian traditions, the security of Canada and the quality of life of Canadians.

Our operating environment

The IRB operates in a complex environment where world events and changing country conditions, shifting migration patterns and refugee movements, among other factors, influence the number and type of cases received. While the high intake experienced by the ID and the IAD in recent years is expected to continue, the number of refugee protection claims referred to the RPD in 2011-12 is projected to remain stable.

The elevated intake in previous years has contributed to the growth of substantial backlogs in both the IAD and the RPD. With additional backlog funding provided by the Government and improved operational efficiency, the IRB will reduce the RPD inventory in a significant way until the Balanced Refugee Reform Act (BRRA) comes into force, although the resources to be received will not be sufficient to eliminate it. A substantial backlog will remain on the day that the BRRA comes into force.

Building on our strengths

Over the past several years, the IRB has pursued a transformation agenda that has included enhanced integration across its three divisions; reinforced accountabilities and performance expectations for both managers and decision-makers; and strengthened engagement with stakeholders and personnel on key projects and initiatives. These measures have been key to the IRB's success in becoming a more flexible, adaptable organization, and will serve the Board well in meeting the challenges facing it in the year ahead.

Key priorities for 2011-12

We have identified the following three strategic priorities for 2011-12, which we expect to maintain in 2012-13 as we continue to implement the changes introduced under the BRRA:

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

As a result of the changes to Canada's refugee determination system set out in the BRRA, passed at the end of June 2010, the IRB is in transition as it plans and prepares for implementation. In addition to establishing a Refugee Appeal Division (RAD) in 2011-12, the IRB will put into place a RPD with new processes, whose decision-makers will be public servants rather than persons appointed by the Governor in Council (GIC). Timelines for key steps in the processing of refugee protection claims are or will be legislated.

Successful implementation of these changes is the IRB's key strategic priority in the year ahead, and the necessary resources and expertise have been committed to the initiative to ensure a smooth transition to the new system while maintaining the quality and fairness of Board proceedings.

Looking ahead

Fiscal year 2011-12 promises to be a year of dramatic change at the IRB. It will be important to work closely with our portfolio partners and communicate throughout with stakeholders and Board personnel as we move ahead. However, I am confident that we will be successful in meeting our commitments, thanks above all to the professionalism, hard work and creativity of our personnel. The Board already enjoys a world-wide reputation for excellence in the adjudication of immigration and refugee matters, and I have no doubt that this reputation will only be strengthened in the years ahead.



The original version was signed by
Brian Goodman
Chairperson



 


Section I – 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.

Mission
Our mission, on behalf of Canadians, is to resolve immigration and refugee cases efficiently, fairly and in accordance with the law

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). The IRB's mandate under the IRPA will expand as provisions of the BRRA come into force in 2011-12 and in 2012-13.

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
  • Decides on pre-removal risk assessments (PRRA) 1
Refugee Appeal Division (RAD) 2
  • Hears appeals against a decision of the RPD to allow or reject a claim for refugee protection
  • Hears appeals against a decision of the RPD rejecting an application by the Minister for a determination that refugee protection has ceased
  • Hears appeals of an application by the Minister to vacate a decision to allow a claim for refugee protection
Immigration Division (ID)
  • Conducts admissibility hearings for foreign nationals or permanent residents who seek entry into Canada, or who are already in Canada and are alleged to be inadmissible
  • Conducts detention reviews for foreign nationals or permanent residents who are detained for immigration reasons
Immigration Appeal Division (IAD)
  • Hears appeals of family sponsorship applications refused by Citizenship and Immigration Canada (CIC)
  • Hears appeals from certain removal orders made against permanent residents, Convention refugees and other protected persons, and holders of permanent resident visas
  • Hears appeals by permanent residents against whom a CIC officer outside Canada has decided that they have not fulfilled their residency obligation
  • Hears appeals by the Minister of Public Safety of ID decisions at admissibility hearings

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

1: When transferred from CIC, see Refugee Protection section for more details.

2: When proclaimed, see Refugee Appeal section for more details.

Regional Operations

The IRB carries out its work in three regional offices located in Toronto, Montréal and Vancouver. The Central Region is responsible for Ontario, except for Ottawa; the Eastern Region for Quebec, Ottawa and the Atlantic provinces; and the Western Region for the Western provinces. 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 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, 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 the 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 protection claims and the resolution of refugee protection appeals, it ensures that Canada accepts those in need of protection in accordance with international obligations and Canadian law;
  • Through admissibility hearings and detention reviews, it contributes to the integrity of our immigration system, ensures the maintenance of the balance between individual rights and the safety and security of Canadians, and upholds Canada's reputation for justice and fairness 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

The IRB Program Activity Architecture (PAA) was amended in the second half of the 2010-11 reporting period in anticipation of the coming into force of the BRRA. A crosswalk describing the changes is provided on the next page. This Report on Plans and Priorities (RPP) is based on the IRB's newly legislated mandate and recently updated PAA. The IRB has a single strategic outcome and four program activities that include responsibility for all tribunal decisions and resolutions. The fifth program activity, Internal Services, supports the first four as illustrated in the diagram below.

Immigration and Refugee Board of Canada's Program Activity Architecture

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1: When transferred from CIC, see Refugee Protection section for more details.

2: When proclaimed, see Refugee Appeal section for more details.


Program Activity Architecture Crosswalk

The IRB required amendments to its previously approved PAA to reflect the changes to the IRB's program activities brought about by the BRRA, which received Royal Assent on June 29, 2010. The provisions of the BRRA that affect the Refugee Protection program and the Refugee Appeal program will come into force no later than June 29, 2012. The transfer of the PRRA functions (except those cases requiring a balancing of the security and protection interests of Canada) from CIC to the IRB will take place no later than 12 months after the changes to the Refugee Protection and Refugee Appeal programs come into force. As of January 2011, the IRB expects the BRRA and the PRRA transfer to the IRB to come into force in late 2011 and in late 2012, respectively.

As required by the new legislation, the establishment of a second level refugee appeal function at the IRB required the addition of a new Refugee Appeal program activity as illustrated below. The transfer of the PRRA function to the IRB only required a small modification to the existing Refugee Protection program activity.

Operating costs for the Refugee Appeal program will be funded from an internal reallocation of existing financial resources from the Refugee Protection program activity as well as incremental funding received from the Refugee Reform initiative.

Immigration and Refugee Board of Canada's Program Activity Architecture Crosswalk

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Planning Summary


Financial Resources ($ Millions)
2011–12 2012–13 2013–14
153.0 134.3 130.1


Human Resources (FTEs)
2011–12 2012–13 2013–14
1,186 1,163 1,142

 


Planning Summary Table
Strategic Outcome
Resolve immigration and refugee cases before the Immigration and Refugee Board of Canada efficiently, fairly and in accordance with the law
Performance Indicator
- 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%
Program Activity 1 Forecast Spending
($ Millions)
Planned Spending
($ Millions)
Alignment to Government of Canada Outcome Area 2
2010–11 2011–12 2012–13 2013–14
Refugee Protection 64.3 75.0 44.4 42.8 A safe and secure world through international engagement
Refugee Appeal n/a3 14.0 31.3 28.8 A safe and secure world through international engagement
Admissibility Hearings and Detention Reviews 12.6 13.6 11.8 11.8 A safe and secure Canada
Immigration Appeal 16.8 14.7 14.7 14.7 A safe and secure Canada
Internal Services 33.2 35.7 32.1 32.0 n/a
Total Planned Spending 126.9 153.0 134.3 130.1  

Note 1: For program activity descriptions, please access the Main Estimates online at www.tbs-sct.gc.ca/est-pre/index-eng.asp.

Note 2: Alignment to Government of Canada (GOC) outcomes and benefits for Canadians are further discussed in Section II under each of the program activities.

Note 3: The Refugee Appeal program activity will begin in fiscal year 2011-12.

IRB Strategic Priorities

Shortly after the BRRA received Royal Assent on June 29, 2010, the IRB added a new strategic priority to its existing two. The IRB's priorities for 2011-12 are expected to remain throughout 2012-13 and are summarized in the following table.


2011-12 Strategic Priorities
Strategic Outcome
Resolve immigration and refugee cases before the Immigration and Refugee Board of Canada efficiently, fairly and in accordance with the law
Priorities Type Description
Prepare for and implement the BRRA Operational
New
The IRB will take all the necessary steps to implement the new legislation within the time frame set by the Government. These preparations and the required implementation activities will greatly influence the IRB's operating environment during 2011-12. The Reform Office, established during the previous reporting period, will continue to coordinate reform implementation activities. The IRB expects to implement major changes to the processes in the Refugee Protection program activity. New processes will be developed and implemented for the new Refugee Appeal program activity. Planning and implementation will be accomplished with minimal impact on daily operations and case resolution productivity levels will be maintained.
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. As part of the new refugee determination system, public servant decision-makers will also be selected in accordance with the Public Service Employment Act (PSEA). Learning and training programs will be further enhanced. The Board will continue to develop options to address the legacy pending case inventory and pursue backlog reduction strategies.
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 2011-12, the IRB will adapt to the changes brought about by the reform of the refugee determination system. Emphasis will also be placed on human resources management practices.

Risk Analysis

Operating Environment

The IRB carries out its mandate within a complex and ever-changing environment that is influenced by international and domestic factors. 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 2009, published by the United Nations High Commissioner for Refugees (UNHCR),1 shows that 377,200 asylum claim applications were submitted in the 44 main industrialized countries during the 2009 calendar year. This is roughly the same number as in 2008, when 377,100 asylum claim applications were submitted. After the United States and France, Canada was the third largest recipient of applications among the 44 countries with 33,300 new asylum claims registered during the 2009 calendar year. This is a 10 percent decrease compared to 2008 (36,900 claims). The number of claims referred to the IRB declined following the Government's imposition of a visa requirement for Mexican and Czech nationals wishing to travel to Canada. This policy measure came into effect in mid-July 2009, and has since reduced the number of protection claim referrals from these two high-volume source countries.

Immigration Appeals. The Government of Canada continues to place a priority on family reunification, as expressed in the IRPA and CIC's Annual Report to Parliament on Immigration: 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 and, accordingly, the IRB anticipates receiving a high number of family sponsorship appeals during 2011-12.

Challenges

Appointment of decision-makers. Currently, the IRB depends on decision-makers who are appointed by the GIC following a rigorous merit-based selection process to resolve refugee protection claims and immigration appeals. With the implementation of the BRRA, RPD decision-makers will be appointed in accordance with the PSEA. Decision-makers in the newly created RAD and in the IAD will be GIC appointees. In order to maintain a full complement of decision-makers, the IRB will continue to recommend in a timely fashion qualified candidates to the Minister for consideration for appointment. Since a combination of internal and external staffing processes will be required to meet operational needs in the new RPD, the IRB will mitigate the risk associated with these processes by ensuring that a sufficient pool of qualified candidates is available in time for the implementation of the new legislation.

Pending case inventory. At the end of December 2010, there were approximately 51,000 refugee protection claims and 11,500 immigration appeals pending. This backlog had accumulated in past years due to shortfalls in the number of GIC decision-maker appointments and reappointments and to a case intake that was well above the IRB's funded capacity. Most decision-maker vacancies have now been filled. During 2010-11, in an effort to facilitate the implementation of the refugee determination system under the BRRA, the IRB received additional funding for a special backlog reduction project that will continue until the coming into force of the BRRA in 2011-12. Additional decision-makers were appointed by the GIC to the RPD for the purpose of backlog reduction. While this initiative is expected to result in a reduction of the backlog, the IRB will have a significant number of "legacy" cases in the inventory when the BRRA comes into force. The IRB will not have the resources to resolve these cases under the new regime.

System for tracking appellants and refugees (STAR). The IRB relies on a legacy case management system known as STAR, which has inherent risks related to the integrity of the system's data and security controls. Although the system has never suffered a serious breach or breakdown, the IRB is actively mitigating associated risks. During 2011-12, the Board will work with the Treasury Board Secretariat (TBS) to modernize, in a sustainable and secure manner, its primary case tracking and reporting systems to support the new business models and requirements necessitated by the reformed refugee determination system.

Opportunities

Portfolio management. As organizations in the immigration portfolio, 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 adjudicative independence. A trilateral Memorandum of Understanding (MOU) clearly defines institutional relationships and reflects the current operational environment and priorities of the partners. This collaborative approach creates opportunities to improve communication and operational coordination. The following diagram illustrates the immigration and refugee portfolio organizations and their responsibilities.

Immigration and refugee portfolio organizations and their responsibilities

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Expenditure Profile

Spending trend 2007-08 to 2013-14

Spending Trend Graph

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Actual spending in 2007-08 was lower than other years due to delays in appointments and reappointments of GIC decision-makers and vacant public service positions, which resulted in fewer adjudicative decisions rendered and translated than originally estimated. For 2010-11, the forecast spending of $121.2M includes sunset funding of approximately $11.0M (mainly Reform related) and a reduction of $2.5M related to the Strategic Review. The planned spending figures for future years reflect the impact of incremental Reform funding ($39.0M in 2011-12, $23.0M in 2012-13 and $19.0M in 2013-14), which is partially offset by the cumulative Strategic Review reductions ($4.1M in 2011-12 and reaching $5.7M in 2012-13 and thereafter).

Allocation of funding by program activity


Allocation of Funding by Program Activity Graph

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Estimates by vote

For information on our organizational votes and/or statutory expenditures, please see the 2011-12 Main Estimates publication. An electronic version of the Main Estimates is available at www.tbs-sct.gc.ca/est-pre/20112012/me-bpd/toc-tdm-eng.asp.