2013-14 Report on Plans and Priorities - Part III

Immigration and Refugee Board of Canada

The original version was signed by
The Honourable Jason Kenney
Minister of Citizenship, Immigration and Multiculturalism


TABLE OF CONTENTS

Message from the Chairperson

Section I: Organizational Overview

Section II: Analysis of Programs

Section III: Supplementary Information

Section IV: Other Items of Interest


Message from the Chairperson

Brian Goodman, Chairperson I am pleased to present the 2013-14 Report on Plans and Priorities for the Immigration and Refugee Board of Canada (IRB).

The IRB is an independent and accountable tribunal entrusted by Parliament with resolving immigration and refugee cases efficiently, fairly and in accordance with the law. Through the work of its four divisions, namely the Refugee Protection Division (RPD), the Refugee Appeal Division (RAD), 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 as well as to the fulfillment of our international obligations. In all its activities, the IRB exercises prudent stewardship of the resources with which it is entrusted and continues to seek ways to achieve greater value for money.

Our operating environment

The IRB carries out its work in a complex environment in which refugee movements and shifting migration patterns, among other factors, influence the number and type of cases received. While the ID continues to keep pace with a consistently high intake and periodic spikes, the IAD has experienced a slight decrease in appeals filed over the past year. The number of refugee protection claims received by the RPD has been more variable, with a recent decrease in referral levels following a period of high intake.

The elevated intake in past years has contributed to substantial backlogs, particularly for the RPD. Additional appointments of Governor-in-Council (GIC) decision-makers, internal efficiency measures and increased productivity are among the factors that have allowed the IRB to reduce its backlog of unresolved refugee protection claims by half since October 2009. Over the coming year, the IRB will reallocate internal resources so that it may continue to make inroads into the backlog.

Refugee determination reform

With the coming into force of the Balanced Refugee Reform Act (BRRA) and the Protecting Canada's Immigration System Act (PCISA) in December 2012, the IRB has experienced one of the most significant transformations in its history. The successful implementation of the changes set out in the BRRA and the PCISA, including the establishment of a new refugee appeal program, is the result of the dedication and hard work of IRB personnel at all levels and in all regions.

Fiscal year 2013-14 will mark the first full year under the new legislation, and the IRB will remain adaptive and flexible to ensure continued success as the new processes and systems are fully operationalized.

Key priorities for 2013-14

Building on the progress we have achieved in the previous fiscal year, our strategic priorities for 2013-14 will focus on the following:

  • Continue the transition to the new refugee determination system resulting from the implementation of the BRRA and the PCISA, while continuing to reduce the inventory of refugee protection claims pending at the coming into force of the new legislation
  • Resolve cases in a timely manner while ensuring quality and fairness
  • Promote an adaptive, integrated and flexible organization that values its people

Looking ahead

As Chairperson, I am proud to lead a tribunal staffed by personnel, both public servants and GIC appointees, who are so committed to the fulfillment of its mission and strategic priorities. I have every confidence that by working together, we will continue to strengthen the Board's reputation for fairness, innovation and efficiency in the years ahead.

The original version was signed by
Brian Goodman
Chairperson


Section I: Organizational Overview

Raison d'être and Responsibilities

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

The Immigration and Refugee Board of Canada (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), which was amended by the Balanced Refugee Reform Act (BRRA) in 2010 and the Protecting Canada's Immigration System Act (PCISA) in 2012. IRB divisions will derive their mandates from these last three acts during the 2013-14 reporting period.

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 pre-removal risk assessments (PRRA)Note 1
Refugee Appeal Division (RAD)
  • Hears appeals from some decisions of the RPD allowing or rejecting claims 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

Notes

Note 1

Activities associated with PRRA will begin in a future reporting period; see Refugee Protection program for more details.

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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; the Eastern Region for Quebec, Ottawa and the Atlantic provinces; and the Western Region for the Western provinces and the Northern territories. All four divisions hold hearings in these regions and are assisted by registry services and corporate support. The IRB also has an office in Calgary in which hearings are held. Hearings are also held in a small number of itinerant locations. Internal and support services are managed at IRB National 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. The IRB applies the principles of administrative law, including those of natural justice, in its proceedings. Its 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. Each case is decided on its own merits. The Board respects the dignity and diversity of the individuals who appear before it and their unique and sometimes highly traumatic experiences.

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.
  • 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 Alignment Architecture

Based on its legislated mandate and its approved Program Alignment Architecture (PAA) for the 2013-14 reporting period, the IRB has a single strategic outcome and four core programs that include responsibility for all tribunal decisions and resolutions. The fifth program, Internal Services, supports the first four, as illustrated in the diagram below.

Immigration and Refugee Board of Canada's Program Alignment Architecture 

[Alternate format]

The image illustrates a flow chart.

There are six boxes that illustrate how the five IRB program activities support the achievement of its strategic outcome.

The five boxes flow into the first box.

The first box at the top stretches the width of the diagram and describes the following:

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

These boxes below describe the program activities, and are arranged as four wide boxes on the left, and one narrow box on the right.

The first box on the left describes the following:

Refugee Protection Program

Renders quality decisions and otherwise resolves cases in a timely manner regarding:

  • Refugee protection claims made by persons in Canada
  • PRRA of persons subject to a removal order (Activities associated with PRRA will begin in a future reporting period; see Refugee Protection program activity for more details.)Note 1

Below that is the second box describing the following:

Refugee Appeal Program

Renders quality decisions and otherwise resolves cases in a timely manner regarding:

  • Appeals from RPD decisions concerning refugee protection claims

Below that is the third box describing the following:

Admissibility Hearings and Detention Reviews Program

Renders quality decisions and otherwise resolves cases in a timely manner regarding:

  • Admissibility of foreign nationals or permanent residents who are alleged to be inadmissible to Canada under the IRPA
  • Detention reviews for foreign nationals or permanent residents who are detained under the IRPA

Below that is the fourth box describing the following:

Immigration Appeal Program

Renders quality decisions and otherwise resolves cases in a timely manner regarding:

  • Family sponsorship applications refused by CIC
  • Certain removal orders made against permanent residents, Convention refugees and other protected persons, and holders of permanent resident visas
  • Permanent residents outside of Canada who have been found not to have fulfilled their residency obligation
  • Appeals by the Minister of Public Safety against a decision of the ID on admissibility

The fifth narrow box on the right stretches the length of the other four program activity boxes, and flows back into them. It describes the following:

Internal Services Program

Management and Oversight
Communications
Legal
Human Resources Management
Financial Management
Information Management
Information Technology
Procurement and Assets Management
Internal Audit and Evaluation

Organizational Priorities

The IRB's strategic priorities for 2013-14 all support the same single strategic outcome and are expected to remain until 2014-15. They are summarized in the following table.

2013-14 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

2013-14 Strategic Priorities
Priorities Type Description
Continue the transition to the new refugee determination system resulting from the implementation of the BRRA and the PCISA, while continuing to reduce the inventory of refugee protection claims pending at the coming into force of the new legislation Previously committed to

Following Royal Assent of the BRRA and the PCISA, the IRB worked on the implementation of this new legislation, which came into force on December 15, 2012. Fiscal year 2013-14 will be the first full reporting period in which the IRB will operate in the new refugee determination system. Monitoring the new processes and implementing continuous improvements will be critical to the success of the new system. The Board will continue to reduce the inventory of legacy refugee protection claims to the extent possible through the reallocation of internal resources. It will also continue to contribute within its mandate to discussions on how to eliminate the inventory altogether.

Resolve cases in a timely manner while ensuring quality and fairness Ongoing The new refugee determination system imposes legislated time limits for the hearing of new cases before the IRB. To meet the intent of the new legislation, the Board will ensure that appropriate resources are available for timely case resolutions. In addition, the Board will continue to assess and recommend qualified candidates to the Minister for the appointment of Governor-in-Council (GIC) decision-makers to ensure the timely resolution of appeals. An initiative that measures the quality of proceedings and decisions has now been conducted for two divisions and will also be integrated into the new system.
Promote an adaptive, integrated and flexible organization that values its people Ongoing The IRB will continue to ensure the consistent delivery of high-quality administrative justice within a changing environment. In 2013-14, the IRB will continue to adjust to the changes brought about by the reform of the refugee determination system (through the various adjustments needed in ongoing recruitment, training and classification efforts, for example). Emphasis will also be placed on human resources (HR) 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 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 can affect the number of people seeking admission to Canada.

Refugee populations. Data on asylum applications published by the Office of the United Nations High Commissioner for Refugees (UNHCR) in the second quarter of 2012 show that the 44 main industrialized countries received approximately 212,600 asylum claims during the first half of 2012, representing a one-percent increase over the total number of claims lodged in the first half of 2011 (210,100). With 25,300 new claims referred during calendar year 2011, Canada was the seventh largest recipient of applications among the 44 countries, after the United States, France, Sweden, Germany, Belgium and the United Kingdom. Following significant decreases during fiscal years 2009-10 and 2010-11, the number of refugee protection claims referred to the IRB rose in 2011-12, with 24,400 claims received. This represents an eight-percent increase over the previous year.

Immigration appeals. In 2012-13, the Government of Canada introduced a number of reform initiatives, including legislation to combat human smuggling and Bill C-43, the Faster Removal of Foreign Criminals Act, which would limit appeal avenues for foreign nationals convicted of serious crimes. A number of regulatory changes were also made, such as the introduction of the Parent and Grandparent Super Visa, under which a parent or grandparent can stay in Canada for a longer period of time and for numerous stays (up to two years at a time, over a ten-year period). Other program changes aim to reduce fraud and abuse in the system by proposing a new two-year period of conditional permanent residency for some sponsored spouses and, in case of separation, barring sponsored spouses from sponsoring a new spouse for at least five years. These initiatives may impact the work of the IAD and the volume of appeals filed.

Challenges

Reform to Canada's refugee system. Following Royal Assent of the BRRA and the PCISA, the IRB worked diligently with its portfolio partners, stakeholders and other organizations to ensure successful and timely implementation. The new legislation came into force on December 15, 2012, and provides for significant changes to the structure, timelines and manner in which the IRB processes refugee protection claims. Fiscal year 2013-14 will be the first full reporting period in which the IRB will be operating in the new refugee determination system.

Appointment and reappointment of decision-makers. In order to resolve its cases, the IRB depends on the timely appointment and reappointment of decision-makers following rigorous merit-based selection processes. In the new refugee determination system, decision-makers in the RPD will be selected and appointed in accordance with the Public Service Employment Act, as they currently are in the ID. Decision-makers in the newly created RAD and in the IAD will be appointed by the GIC. During 2013-14, the IRB will continue to assess and recommend qualified candidates to the Minister for appointment in order to maintain a full complement of GIC decision-makers.

Legacy cases. Approximately 30,000 legacy refugee protection cases remained unheard when the new refugee determination system came into force on December 15, 2012. In the new system, the IRB is funded only to resolve the projected annual intake of 22,500 new refugee protection cases within legislated time frames; there is no funding for the resolution of legacy cases. Nevertheless, building on temporarily available decision-making capacity, the Board will reallocate available internal resources to resolve approximately 8,500 legacy cases between the coming into force of the new system and the end of fiscal year 2013-14. During 2013-14, the Board will assess the extent to which it can increase its capacity to resolve additional legacy cases.


Planning Summary

Financial and Human Resources

Financial Resources (Planned Spending - $ Millions)
Total Budgetary Expenditures
(Main Estimates)
2013‑14
Planned Spending 2013‑14 Planned Spending 2014‑15 Planned Spending 2015‑16
123.0 123.0 124.5 117.0

Human Resources (Full-time Equivalents [FTEs])
2013–14 2014–15 2015–16
1,090 1,065 1,035

Planning Summary Table

Planning Summary ($ Millions)
Strategic Outcome
Resolve immigration and refugee cases before the Immigration and Refugee Board of Canada efficiently, fairly and in accordance with the law

Planning Summary
Program Actual Spending Forecast Spending Planned Spending Alignment to Government of Canada OutcomesNote 2
2010–11 2011–12 2012–13 2013–14 2014–15 2015–16
Refugee Protection 63.4 72.4 72.3 43.9 51.4 45.5 A safe and secure world through international engagement
Refugee Appeal n/aNote 3 1.8 4.6 21.6 15.8 15.8 A safe and secure world through international engagement
Admissibility Hearings and Detention Reviews 11.0 11.5 10.0 10.0 10.0 8.8 A safe and secure Canada
Immigration Appeal 16.4 16.5 15.0 17.9 17.9 17.9 A safe and secure Canada
Subtotal 90.8 102.2 101.9 93.4 95.1 88.0
Internal Services 34.8 38.6 37.2 29.6 29.4 29.0
Total 125.6 140.8 139.1 123.0 124.5 117.0

Notes

Note 2

More information on Government of Canada outcomes is available at http://www.tbs-sct.gc.ca/ppg-cpr/frame-cadre-eng.aspx.

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Note 3

This program was not scheduled to begin until a future reporting period.

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Expenditure Profile

Spending Trend 2010-11 to 2015-16

Expenditure Profile - Spending Trend Graph 

[Alternate format]

The image illustrates a line graph with two data lines:
Total Spending Before Reform Funding and Strategic and Operating Review Reductions
Total Spending Including Reform Funding and Strategic and Operating Review Reductions

All amounts are in millions of dollars.

It shows the spending trend by fiscal years from 2010-11 to 2015-16

The fiscal years are devised into three sections:
Actual Spending
Forecast Spending
Planned Spending

The following are the numbers by fiscal year of the Actual Spending section for the data lines Total Spending Before Reform Funding and Strategic and Operating Review Reductions

For the fiscal year 2010-11 the amount is $119.7

For the fiscal year 2011-12 the amount is $123.5

The following are the numbers by fiscal year of the Actual Spending section for the data lines Total Spending Including Reform Funding and Strategic and Operating Review Reductions

For the fiscal year 2010-11 the amount is $125.6

For the fiscal year 2011-12 the amount is $140.8

For the fiscal year 2012-13 of the Forecast Spending section the amount is $117.3 for the data line Total Spending Before Reform Funding and Strategic and Operating Review Reductions and $139.1 for the data line Total Spending Including Reform Funding and Strategic and Operating Review Reductions

The following are the numbers by fiscal year of the Planned Spending section for the data lines Total Spending Before Reform Funding and Strategic and Operating Review Reductions

For the fiscal year 2014-15 the amount is $117.8

For the fiscal year 2015-16 the amount is $116.3

The following are the numbers by fiscal year of the Planned Spending section for the data lines Total Spending Including Reform Funding and Strategic and Operating Review Reductions

For the fiscal year 2014-15 the amount is $124.5

For the fiscal year 2015-16 the amount is $117.0

Increases in actual spending during 2010-11 and 2011-12 were due to activities associated with the implementation of refugee reform. For 2012-13, the forecast spending of $139.1 million includes net reform-related funding of $30.8 million (sunset funding of $36.8 million minus $6.0 million that was re profiled to 2014-15) as well as a reduction of $9.0 million related to cost-reduction measures announced in 2009 and in Budget 2012. The planned spending figures for future years reflect the impact of incremental reform related funding ($17.9 million in 2013-14, $19.5 million in each of 2014-15 and 2015-16) and the re profiling of $6.0 million from 2012-13 to 2014-15. These amounts are offset by savings measures of $12.0 million in 2013-14 and $18.8 million beginning in 2014-15.

Allocation of 2013-14 Funding by Program

Actual spending by program 

[Alternate format]

The image illustrates a pie chart.

It shows actual spending for the following five programs:

The first Program is Refugee Protection for $43.9 million (36%), the second Program is Refugee Appeal for $21.6 million (18%), the third Program is Admissibility Hearings and Detention Reviews for $10.0 million (8%), the fourth Program is Immigration Appeal for $17.9 million (14%), and the fifth Program is Internal Services for $29.6 million (24%).

Estimates by Vote

For information on our organizational appropriations, please see the 2013-14 Main EstimatesNote 4.


Section II: Analysis of Programs

Strategic Outcome

Strategic Outcome and Programs 

[Alternate format]

The image illustrates a flow chart.

There are two main boxes one on top of the other.

The bottom box contain five smaller boxes that illustrate how the five IRB programs support the achievement of its strategic outcome.

The main bottom box flows into the upper box.

The first box at the top stretches the width of the diagram and describes the Strategic Outcome, the Performance Indicator and the Target

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 programs.)

Target: Less than 1%

These boxes below describe the programs, and are arranged as four wide boxes on the left, and one narrow box on the right.

The first box on the left identifies the Refugee Protection Program

Below that is the second box identifying the Refugee Appeal Program

Below that is the third box identifying the Admissibility Hearings and Detention Reviews Program

Below that is the fourth box identifying the Immigration Appeal Program

The fifth narrow box on the right flows back into the other four program activity boxes. It identifies the Internal Services Program

As discussed in Section I, based on the IRB's legislated mandate and approved PAA, the IRB has a single strategic outcome. Each of its four core programs is focused on the efficient and fair resolution of the different types of immigration and refugee cases. These programs, which are supported by Internal Services, are responsible for all tribunal decisions and case resolutions, and for a successful strategic outcome.

To achieve its strategic outcome, the IRB must resolve the cases before it in a timely manner while ensuring quality and fairness.

The following pages further describe the IRB's five programs, identifying expected results, performance indicators and targets, as well as outlining the overall financial and human resources dedicated to each of the programs for the 2013-14 reporting period.

Program 1: Refugee Protection

Description
The Refugee Protection Division (RPD) delivers the IRB's Refugee Protection program. It determines claims for refugee protection made in Canada. Processing of refugee protection claims is the largest of the IRB's activities and commands the largest of its resources. Through the work of the RPD, Canada fulfills its obligations as a signatory to a number of international human rights conventions.

Additional information on the RPD is available at
http://www.irb-cisr.gc.ca/Eng/RefClaDem/Pages/RpdSpr.aspx.

Refugee Protection Planning Summary

Financial Resources (Planned Spending - $ Millions)
Total Budgetary Expenditures
(Main Estimates)
2013‑14
Planned Spending
2013‑14
Planned Spending
2014‑15
Planned Spending
2015‑16
43.9 43.9 51.4 45.5
Human Resources (FTEs)
2013–14 2014–15 2015–16
465 490 475
Program: Refugee Protection
Expected Results Performance Indicators Targets
Fair and focused proceedings Average score of cases measured against criteria for fair and focused proceedings on a 1-to-3 scale 2.0
Decisions that are clear, complete and concise Average score of cases measured against criteria for quality decisions on a 1-to-3 scale 2.0
Timely decisions rendered Percentage of designated country of origin (DCO) claims made inland that are decided within 25 days of the 30 day time limit for the first hearing 60%
Percentage of DCO claims made at a port of entry (POE) that are decided within 25 days of the 45 day time limit for the first hearing 70%
Percentage of non-DCO claims made either inland or at a POE that are decided within 25 days of the 60 day time limit for hearings 80%

2013-14 Planning Highlights

New refugee determination system. As a result of the coming into force of the BRRA and PCISA provisions related to refugee reform, the refugee determination system underwent a major transition in late 2012. The introduction of regulated time limits for the hearing of refugee protection claims required significant changes to the way RPD decision makers and support staff carry out their work. Planning efforts culminated on December 15, 2012, with the coming into force of the reformed system.

A year of transition and growth supported by monitoring and analysis. Fiscal year 2013-14 will be the Division's first full year of operation under the reformed legislative scheme. The year will be one of constant monitoring and stabilization as adjustments continue to be made to procedural aspects of the RPD's operations. Considerations of natural justice and fairness will remain paramount as the Division matures over the course of this important year. Throughout the reporting period, the quality of RPD decisions will continue to be supported by up-to-date country-of-origin information, high-quality legal advice, and training. Additional analytical capacity in the Division will allow for increased system and performance monitoring.

Ongoing adjustments. Throughout 2013-14, adjustments to RPD processes under the new legislative scheme will have an impact on stakeholder groups and portfolio organizations. The Division will continue to ensure timely provision of information to these groups to maintain an effective working environment.

The continuing cornerstones of our work. Despite the magnitude of the changes introduced to the refugee determination system in late 2012, the cornerstones of the Division's work have not changed. The provisions of the 1951 Convention Relating to the Status of Refugees; the 1967 Protocol Relating to the Status of Refugees; the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the Canadian Charter of Rights and Freedoms as reflected in the IRPA remain the foundation of the RPD's work. The impartiality and adjudicative independence of the Division's decision makers and considerations of natural justice and fairness will, as always, remain paramount.

Pre-removal risk assessment. The transfer of the PRRA function from CIC to the IRB (except those cases requiring a balancing of Canada's security and protection interests) will take place at a date to be fixed by the GIC. This date is expected to be no later than two years following the coming into force of the BRRA and PCISA provisions related to refugee reform. Planning for this transfer of responsibility will begin in 2013-14 and will require changes to the Division's rules, case-tracking software and training program, among other measures.

Refugee Protection 

[Alternate format]

The image illustrates a bar chart.

The fiscal years are devised into three sections:

Past (2011–12)
Forecast (2012–13)
Planned (2013–14, 2014–15, 2015–16)

For the five fiscal years, it shows the following:

Claims Referred
Claims Finalized
Claims Pending (Legacy)
Claims In Progress (New System)

The following are the numbers by fiscal year:

For the fiscal year 2011–12; 24,400 claims were referred, 33,300 claims were finalized and 39,300 claims were pending (legacy).

For the fiscal year 2012–13; 17,000 claims are forecasted to be referred, 28,800 claims are forecasted to be finalized, 26,500 claims are forecasted to be pending (legacy) and 1,000 claims are forecasted to be in progress (new system).

For the fiscal year 2013–14; 22,500 claims are planned to be referred, 27,500 claims are planned to be finalized, 21,500 claims are planned to be pending (legacy) and 1,000 claims are planned to be in progress (new system).

For the fiscal year 2014–15; 22,500 claims are planned to be referred, 22,500 claims are planned to be finalized, 21,500 claims are planned to be pending (legacy) and 1,000 claims are planned to be in progress (new system).

For the fiscal year 2015–16; 22,500 claims are planned to be referred, 22,500 claims are planned to be finalized, 21,500 claims are planned to be pending (legacy) and 1,000 claims are planned to be in progress (new system).

Note: IRB's capacity to undertake additional legacy case reduction will be assessed during 2013–14. The graph does not include PRRA applications and finalizations. The numbers of claims have been rounded to the nearest hundred.

Program 2: Refugee Appeal

Description
The Refugee Appeal Division (RAD) delivers the IRB's Refugee Appeal program. It hears appeals from decisions of the Refugee Protection Division (RPD). Most proceedings will be paper processes in which decisions will be based on the written record of the RPD hearing, as well as written submissions from the Minister and the person who is the subject of the appeal. In limited circumstances, the RAD may hold an oral hearing. The appeal is generally restricted to the evidence that was before the RPD, but the RAD may accept new evidence if specific conditions are met. The RAD may confirm the RPD decision, substitute its own decision, or refer the case back to the RPD with instructions.

Additional information on the RAD is available at
http://www.irb-cisr.gc.ca/Eng/RefApp/Pages/RadSar.aspx.

 

Refugee Appeal Planning Summary

Financial Resources (Planned Spending - $ Millions)
Total Budgetary Expenditures
(Main Estimates)
2013‑14
Planned Spending
2013‑14
Planned Spending
2014‑15
Planned Spending
2015‑16
21.6 21.6 15.8 15.8
Human Resources (FTEs)
2013‑14 2014‑15 2015‑16
170 120 120
Program: Refugee Appeal
Expected Results Performance Indicators Targets
Fair and focused proceedings Average score of cases measured against criteria for fair and focused proceedings on a 1-to-3 scale 2.0
Decisions that are clear, complete and concise Average score of cases measured against criteria for quality decisions on a 1-to-3 scale 2.0
Timely decisions rendered Percentage of decisions made within 90 days of the filing and perfecting of an appeal when there is no oral hearing 80%

2013-14 Planning Highlights

Reform implementation. The 2013-14 reporting period will be the first full year of operation for the RAD. While the BRRA and the PCISA came into force on December 15, 2012, the first appeals began to be filed with the RAD only at the end of 2012-13.

Appeal process. It is expected that in most circumstances, the RAD will proceed without a hearing, on the basis of the record of the RPD proceedings. The RAD will receive written submissions from the Minister and the person who is the subject of the appeal, and it may receive documentary evidence before proceeding to render a decision. Decision-makers are required by the Immigration and Refugee Protection Regulations to make a decision within 90 days of the filing and perfecting of the appeal when there is no oral hearing. The RAD will hold a hearing in certain limited cases, and the hearing will be restricted to the issues determined by the RAD.

Planned activities. During 2013-14, in addition to the resolution of its caseload, the RAD will:

  • deliver training to its decision makers and registry personnel;
  • make strategic decisions, in the case of the appointment of three-member panels, that have a precedential and binding effect on RAD and RPD decision makers;
  • hold regional and national discussions involving decision makers and some adjudicative support staff in order to promote efficiency and consistency in the new division;
  • analyze and monitor the RAD's functioning and decisions in order to implement the adjustments and improvements necessary to maintain quality and consistency; and
  • develop reference material, such as an appellant's kit and a decision maker handbook.

Refugee Appeal 

[Alternate format]

The image illustrates a bar chart.

The fiscal years are devised into two sections:

2011–12 and 2012–13 with no data (Activities in the Refugee Appeal Division started only in the fourth quarter of 2012–13.)
Planned (2013–14, 2014–15, 2015–16)

For the last three fiscal years, it shows the following:

Appeals Filed
Appeals Finalized
Appeals Pending

For the fiscal year 2013–14; 6,100 appeals are planned to be filed, 4,300 appeals are planned to be finalized and 1,800 appeals are planned to be pending.

For the fiscal year 2014–15; 6,100 appeals are planned to be filed, 6,100 appeals are planned to be finalized and 1,800 appeals are planned to be pending.

For the fiscal year 2015–16; 6,100 appeals are planned to be filed, 6,100 appeals are planned to be finalized and 1,800 appeals are planned to be pending.

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

 

Program 3: Admissibility Hearings and Detention Reviews

Description
The Immigration Division (ID) delivers the Admissibility Hearings and Detention Reviews program. It holds hearings for foreign nationals or permanent residents who, under the provisions of the IRPA, are alleged to be inadmissible to Canada or are detained. Detainees must be seen by the ID within 48 hours after their detention or without delay thereafter, and subsequent reviews must be conducted within specific statutory time frames. The Minister can also designate certain foreign nationals, who are then subject to different time frames. Decision-makers must balance the right to individual liberty with the security interests of Canadians.

Additional information on the ID is available at
http://www.irb-cisr.gc.ca/Eng/detention/Pages/idsi.aspx.

Admissibility Hearings and Detention Reviews Planning Summary

Financial Resources (Planned Spending - $ Millions)
Total Budgetary Expenditures
(Main Estimates)
2013‑14
Planned Spending
2013‑14
Planned Spending
2014‑15
Planned Spending
2015‑16
10.0 10.0 10.0 8.8

Human Resources (FTEs)
2013–14 2014–15 2015–16
85 85 75
Program: Admissibility Hearings and Detention Reviews
Expected Results Performance Indicators Targets
Fair and focused proceedings Average score of cases measured against criteria for fair and focused proceedings on a 1-to-3 scale 2.0
Decisions that are clear, complete and concise Average score of cases measured against criteria for quality decisions on a 1-to-3 scale 2.0
Timely decisions rendered Percentage of detention review cases concluded within statutory time limits 96%Note 5
Percentage of admissibility proceedings finalized within six months 86%Note 6

Notes

Note 5

Factors outside the IRB's control, such as prison lockdowns, impede the achievement of 100-percent compliance.

Return to note 5 referrer

Note 6

Detention reviews take priority over admissibility hearings due to legislative time requirements. The number of referrals from the Canada Border Services Agency affects the capacity of the ID to conduct admissibility hearings.

Return to note 6 referrer

2013-14 Planning Highlights

Sustained and more complex workload. The number of cases concluded by the ID depends largely on the number of cases referred by the Canada Border Services Agency (CBSA). In its daily activities, the Division must deal with fluctuations in the number of detention reviews it is called upon to conduct. Through ongoing efforts to maintain efficiencies, the ID continues to match its output with its intake and to respect the legislated time frames for detention reviews.

During 2013-14, it is anticipated that referrals for admissibility hearings will decrease slightly, while referrals for detention reviews are expected to increase slightly. The ID will continue to prioritize detention reviews as well as admissibility hearings for detained persons to ensure that legislative requirements and fundamental rights are respected.

The Division may have to process a greater number of highly complex cases. These cases normally refer to classified information related to national security or criminal intelligence and thus involve numerous legal applications, including applications for non-disclosure of information. These cases require a disproportionate level of coordination and effort from decision-makers and from registry employees, security staff and legal advisors, as inadvertent disclosure of classified information could jeopardize national security and the lives of individuals.

Effective case management. In order to manage its caseload, the ID will continue to monitor scheduling activities to ensure that cases are processed in a timely fashion and that postponed cases are rapidly rescheduled. In order to conduct detention reviews within the legislated time frames, the Division needs to use evolving technologies such as videoconferencing effectively, carry out efficient coordination with registry services, and react rapidly to changing operational requirements. The implementation of a new case-tracking system is expected to allow for more refined tracking and reporting.

The ongoing use of case readiness measures such as pre-hearing conferences and follow-up will allow the Division to continue to finalize the vast majority of new admissibility cases within six months and maintain a reduced and manageable inventory of pending cases. The Division will continue to promote consistency in decision-making by identifying emerging issues, promoting open discussion among ID decision-makers on varying interpretations of the law, developing adjudicative tools and sustaining a learning environment for its decision-makers. This includes promoting working partnerships with portfolio partners and stakeholders to enhance forecasting ability and operational effectiveness. To carry out its mission, the ID counts on a highly trained and dedicated workforce. The Division will continue to promote activities that foster a collaborative work environment.

Admissibility Hearings and Detention Reviews 

[Alternate format]

The image illustrates a bar chart.

The fiscal years are devised into three sections:
Past (2011–12)
Forecast (2012–13)
Planned (2013–14, 2014–15, 2015–16)

For the five fiscal years, it shows the following:
Admissibility Hearings
Detention Reviews

The following are the numbers by fiscal year:

For the fiscal year 2011–12; 2,900 Admissibility Hearings and 17,900 Detention Reviews were finalized.

For the fiscal year 2012–13; 2,700 Admissibility Hearings and 18,000 Detention Reviews are forecasted to be finalized.

For the fiscal year 2013–14; 2,700 Admissibility Hearings and 17,000 Detention Reviews are planned to be finalized.

For the fiscal year 2014–15; 2,700 Admissibility Hearings and 17,000 Detention Reviews are planned to be finalized.

For the fiscal year 2015–16; 2,700 Admissibility Hearings and 17,000 Detention Reviews are planned to be finalized.

Note: While referrals are expected to increase slightly in 2013–14, the finalizations are lower than in previous years due to changes in case resolution tracking. The numbers of admissibility hearings and detention reviews have been rounded to the nearest hundred.

Program 4: Immigration Appeal

Description
The Immigration Appeal Division (IAD) delivers the Immigration Appeal program. It hears immigration appeals from Canadian citizens and permanent residents whose applications to sponsor close family members to Canada have been refused. Other key functions include hearing appeals from permanent residents, foreign nationals with a permanent resident visa, and protected persons who have been ordered removed from Canada. It also hears appeals from permanent residents outside Canada who are alleged to have not fulfilled their residency obligation, and finally, the IAD hears appeals filed by the Minister from decisions rendered by the Immigration Division at admissibility proceedings.

Additional information on the IAD is available at
http://www.irb-cisr.gc.ca/Eng/ImmApp/Pages/IadSai.aspx.

Immigration Appeal Planning Summary

Financial Resources (Planned Spending - $ Millions)
Total Budgetary Expenditures
(Main Estimates)
2013‑14
Planned Spending
2013‑14
Planned Spending
2014‑15
Planned Spending
2015‑16
17.9 17.9 17.9 17.9
Human Resources (FTEs)
2013–14 2014–15 2015–16
125 125 125

Program: Immigration Appeal
Expected Results Performance Indicators Targets
Fair and focused proceedings Average score of cases measured against criteria for fair and focused proceedings on a 1-to-3 scale 2.0
Decisions that are clear, complete and concise Average score of cases measured against criteria for quality decisions on a 1-to-3 scale 2.0
Timely decisions rendered Percentage of appeals finalized compared to appeals filed 80%

2013-14 Planning Highlights

Decision-makers. The IAD's highly trained decision-makers conduct hearings that are varied in appeal type and process. The IAD is committed to an effective management model in which clear expectations and performance measures related to the quality and quantity of decisions are communicated to decision-makers and monitored.

Inventory. The IAD is forecasting an intake of 6,000 appeals in 2013-14. The inventory of appeals awaiting finalization will decrease slightly to 11,400 by the end of 2013-14. Stayed removal orders (1,800 projected) are included in that pending inventory. A reduction in the Alternative Dispute Resolution (ADR) program due to a decrease in the number of sponsorship appeals may result in fewer early finalizations without a hearing.

Case management. The IAD will continue to respond in a flexible manner to match resources with regional caseloads by sharing decision makers among regions and by conducting hearings via videoconferencing where appropriate. Case management strategies will focus on increasing early resolution of appeals without a hearing while increasing the efficiency of the current ADR program, on enhancing hearing readiness, on scheduling appeals strategically to increase efficiencies, and on monitoring reasons for postponements and adjournments. The IAD remains committed to maintaining a high level of productivity and to rendering quality decisions in a timely manner.

Portfolio linkages. The IAD will continue to encourage the CBSA's identification of appeals suitable for early resolution, as well as their continued participation in the IAD's ADR program and other early informal mediated resolutions. It will also promote the CBSA's participation in various initiatives designed to increase efficiencies, such as by facilitating hearings where the CBSA has chosen to participate by way of written submissions only. All work undertaken with the CBSA with respect to the development and implementation of case management strategies will continue to respect the adjudicative independence of IAD decision-makers.

Immigration Appeal 

[Alternate format]

The image illustrates a bar chart.

The fiscal years are devised into three sections:
Past (2011–12)
Forecast (2012–13)
Planned (2013–14, 2014–15, 2015–16)

For each of the fiscal years, it shows the following:

Appeals Filed
Appeals Finalized
Appeals Stayed
Appeals Waiting

For the fiscal year 2011–12; 6,800 appeals were filed, 600 appeals were stayed, 6,700 appeals were finalized and 11,400 appeals were pending.

For the fiscal year 2012–13; 6,500 appeals are forecasted to be filed, 600 appeals are forecasted to be stayed, 6,200 appeals are forecasted to be finalized and 11,700 appeals are forecasted to be pending.

For the fiscal year 2013–14; 6,000 appeals are planned to be filed, 600 appeals are planned to be stayed, 6,300 appeals are planned to be finalized and 11,400 appeals are planned to be pending.

For the fiscal year 2014–15; 6,000 appeals are planned to be filed, 500 appeals are planned to be stayed, 6,500 appeals are planned to be finalized and 10,900 appeals are planned to be pending.

For the fiscal year 2015–16; 6,000 appeals are planned to be filed, 500 appeals are planned to be stayed, 6,500 appeals are planned to be finalized and 10,400 appeals are planned to be pending.

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

Program 5: Internal Services

Description
Internal Services are groups of related activities and resources required to support the needs of all four tribunal programs and other corporate obligations of the IRB. These services are: Management and Oversight; Communications; Legal; Human Resources Management; Financial Management; Information Management; Information Technology; Procurement and Assets Management; Internal Audit and Evaluation; and other administrative services. Internal Services include only those activities and resources that apply across the organization and not those provided to a specific program.

Financial and Human Resources

Financial Resources (Planned Spending - $ Millions)
Total Budgetary Expenditures
(Main Estimates)
2013–14
Planned Spending
2013–14
Planned Spending
2014–15
Planned Spending
2015–16
29.6 29.6 29.4 29.0

Human Resources (FTEs)
2013–14 2014–15 2015–16
245 245 240

2013-14 Planning Highlights

Management and oversight. As part of internal restructuring, the Planning, Policy and Research Branch was recently created in order to promote synergy among existing functions and resources. By integrating strategic planning and analysis, the Branch will improve the Board's capacity to follow, understand and respond to trends and emerging issues. This enhanced capacity will inform adjustments to program policies, case management and research, which together support fair and efficient decision making. To manage performance, the Branch will plan targeted evaluations and improvements to the system for measuring quantitative and qualitative results. The Branch will work with central agencies and portfolio partners to fulfill oversight requirements in a manner that respects the IRB's institutional independence.

Communications. The IRB is committed to providing consistent and timely information to internal and external audiences. During 2013-14, the Board will continue to engage its key partners, national and international stakeholders, and the public through its outreach program and international activities. The focus will be on creating awareness of the operational changes to the refugee determination system resulting from the coming into force of the BRRA and the PCISA in 2012.

Legal. Legal Services will focus on providing support and guidance to the RPD and the RAD in response to the changes brought about by the implementation of the BRRA and the PCISA. It will provide training and support to newly appointed decision makers and decision-makers who may be transitioning from one division to another. Legal Services will play a key role in providing guidance on the processing of legacy cases and the development of innovative adjudicative strategies that will allow the IRB to complete cases in a timely manner while ensuring quality and fairness. Enhanced monitoring of IRB decisions that are reviewed by the courts will support quality decision-making. Legal Services will also continue to provide advice on all corporate matters, including procurement and issues related to the implementation of reform. In addition, it will continue to provide legal support in relation to complex cases involving classified information related to national security or criminal intelligence.

Human resources management. As the reformed refugee determination system takes effect, the IRB continues to prioritize HR management practices that support IRB personnel and promote an adaptable, integrated and flexible organization. Particular attention will be paid to the well-being of personnel over this period of workforce and workplace adjustments. In addition, both the organization of HR and HR processes will be assessed to ensure that appropriate support is being provided to the organization and that the learning and training needs of personnel are being met. Moreover, the Board remains committed to the HR services modernization initiatives currently being implemented throughout the public service and to ensuring that the people values of the public service are firmly embedded in the new IRB organizational structure.

Financial management. During 2013-14, the IRB will focus on implementing the new organizational structure in its financial system, supporting the legacy initiative, harmonizing its financial processes with the common business process guidelines issued by the Treasury Board Secretariat (TBS), and planning for the replacement of its resource management systems with the Government's new standard platform.

Information management. The IRB will continue to focus on aligning its business with the Government's new service model for the outsourcing of document storage and retrieval services. The Board will develop business requirements and research available options for an information technology solution to assist with its information management requirements.

Information technology. During 2013-14, the IRB will support the new legislation by enhancing the tracking and communication of key information related to the scheduling and management of cases, which in part will be undertaken partly in collaboration with CIC and the CBSA. The Board will also address new and emerging business priorities, the decommissioning of legacy applications, and system maintenance and upgrades. In addition, the IRB will continue to collaborate with Shared Services Canada to ensure the delivery of high-quality information technology services in such areas as email, data centres and network services.

Procurement and assets management. The IRB will implement new reporting requirements on contracts and continue to improve its governance with increased oversight by the Contract Review Committee. The standardization of procedures and processes across the organization and harmonization with TBS standard business processes will continue.

Accommodations. During 2013-14, the IRB will implement the Government of Canada Workplace 2.0 Fit-up Standards issued by Public Works and Government Services Canada (PWGSC) at its head office. The Board's objective will be to reduce its national footprint by approximately 20 percent by the end of the 2015-16 reporting period.


Section III: Supplementary Information

Financial Highlights

Future-Oriented Condensed Statement of Operations and Organizational Net Financial Position($ Millions)
For the period ending March 31, 2014
$ Change Forecast
2013-14
Estimated Results 2012-13
Total expenses -12.4 151.4 163.8
Total revenues 0.0 0.0 0.0
Net cost of operations before Government funding and transfers -12.4 151.4 163.8
Organizational Net Financial Position 2.0 -1.2 -3.2
Future-Oriented Condensed Statement of Financial Position($ Millions)
For the period ending March 31, 2014
$ Change Forecast
2013-14
Estimated Results 2012-13
Total net liabilities -3.2 27.2 30.4
Total net financial assets -1.9 9.5 11.4
Organizational net debt -1.3 17.7 19.0
Total non-financial assets -3.3 18.9 22.2
Organizational Net Financial Position -2.0 -1.2 -3.2

The decrease in projected total expenses in 2013-14 is primarily due to the end of temporary funding to implement the PCISA. The decrease in total assets is due to the amortization of operational systems.

Future-Oriented Financial Statements

The financial statements can be found on the IRB's Web site at:
http://www.irb-cisr.gc.ca/Eng/BoaCom/pubs/Pages/EtaFinStaFut1314.aspx.

Supplementary Information Tables

As part of the IRB's 2013-14 Report on Plans and Priorities, the following supplementary information tables are provided in electronic format only:

  • Greening Government Operations
  • Upcoming Internal Audits and Evaluations over the Next Three Fiscal Years

These electronic supplementary information tables can be found on the IRB's Web site.Note 7

Tax Expenditures and Evaluations Report

The tax system can be used to achieve public policy objectives through the application of special measures such as low tax rates, exemptions, deductions,rals and credits. The Department of Finance Canada publishes cost estimates and projections for these measures annually in the Tax Expenditures and EvaluationsNote 8 publication. The tax measures presented in the Tax Expenditures and Evaluations publication are the sole responsibility of the Minister of Finance.


Section IV: Other Items of Interest

Organizational Contact Information

For more information, visit the IRB Web site at http://www.irb-cisr.gc.ca, email the IRB's Communications Directorate at contact@irb-cisr.gc.ca, or contact one of the IRB offices listed below.

National Headquarters
Immigration and Refugee Board of Canada
Minto Place—Canada Building
344 Slater Street, 12th Floor
Ottawa, Ontario K1A 0K1

Eastern Region
Immigration and Refugee Board of Canada
Guy-Favreau Complex
200 René-Lévesque Boulevard West
East Tower, Room 102
Montréal, Québec H2Z 1X4
Tel: 514-283-7733 | Fax: 514-283-0164

Central Region
Immigration and Refugee Board of Canada
74 Victoria Street, Suite 400
Toronto, Ontario M5C 3C7
Tel: 416-954-1000 | Fax: 416-954-1165

Western Region
Immigration and Refugee Board of Canada
300 West Georgia Street, Suite 1600
Vancouver, British Columbia V6B 6C9
Tel: 604-666-5946 | Fax: 604-666-3043

Additional Information

IRB Processes

Visit these links to find out how the IRB processes its cases: