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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.
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.
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.
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.
In line with these strategic priorities, we will focus on both new and ongoing initiatives in the year ahead. These include:
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
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 reports finances based on approved planned spending numbers from the Treasury Board of Canada Secretariat.
Brian Goodman
Chairperson
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. |
|
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.
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) |
|
Immigration Division (ID) |
|
Immigration Appeal Division (IAD) |
|
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.
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:
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:
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)
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.
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.
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.
Figure 1.2: IRB Organizational Chart
(Click on image to enlarge)
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)
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 |
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 $6.0 million. This decrease is mainly due to:
The IRB's three-year forecast for its total financial and human resources is presented below.
Table 1.5: Total Financial and Human Resources Requirements for 2008-2009, 2009-2010 and 2010-2011
Financial Resources ($ 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 |
This section provides information at the organizational level on the IRB's strategic outcome, strategic priorities and program activities by 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.
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 |
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 | ||||
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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)
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.
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.
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.