Country and Claim-type Criteria - Instructions Governing the Streaming of Less Complex Claims

Table of contents

  1. Introduction
  2. File Review Process
  3. Short Hearing Process
  4. Enquiries

1. Introduction

This document sets out the criteria the Refugee Protection Division (RPD) will generally apply when deciding which countries or claim types to transfer for processing under the Instructions Governing the Streaming of Less Complex Claims at the Refugee Protection Division (the Instructions).

In particular, this document describes how the RPD will implement the following provisions of the Instructions: 

The RPD will determine which cases are suitable to be assigned to the file-review/short-hearing processes, relying on its knowledge of country conditions and claim types, and experience in how claims are decided
…
the RPD will […] publish, from time to time, lists of countries and claim-types on the IRB website which the RPD generally considers as appropriate for processing under these instructions, either under the file-review or short-hearing process. In addition, the RPD may, at any time, remove a claim from the file-review or short-hearing process.

The RPD considers both quantitative and qualitative criteria when determining if a country or claim type is appropriate for either process. The RPD periodically monitors relevant claim data to determine which countries or claim types to select, and will remove a selected country or claim type when it is no longer considered suitable.

The criteria set out below are intended to promote a consistent, transparent approach to selecting countries and claim types for the file-review process and the short-hearing process. However, the criteria are non-exhaustive and not all the criteria must be satisfied for a country or claim type to be selected.

2. File-Review Process

The RPD generally considers the following criteria when determining if a country or claim type is appropriate for the file-review process:

  1. Countries or claim types that have an acceptance rate of 80% or higher.
  2. Countries or claim types where identity is generally established by reliable documents.
  3. Countries or claim types where the evidence is not ambiguous regarding the risk generally faced by claimants.
  4. Countries or claim types where complex legal or factual issues do not often arise at the hearing.

3. Short-Hearing Process

The RPD generally considers the following criteria when determining if a country or claim type is appropriate for the short-hearing process:

  1. Countries or claim types that have an acceptance rate of 80% or higher* or an acceptance rate of 20% or lower.
  2. Countries or claim types which typically require the resolution of just one or two determinative issues.
  3. Countries or claim types where complex legal or factual issues do not often arise at the hearing.

*Any country or claim type which is selected for processing under the file-review process is automatically selected for processing under the short-hearing process, in the event a hearing is needed. 

4. Enquiries

Senior Director, Policy, Outreach and Engagement Directorate
Policy, Planning and Corporate Affairs Branch
Immigration and Refugee Board of Canada
Canada Building (Minto Place)
344 Slater, 11th floor
Ottawa, Ontario K1A 0K1

You may also submit enquiries to Policy-Politiques@irb-cisr.gc.ca