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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.