IRB Plan of Action for Efficient Refugee Determination

Contents

• Disclaimer
• Context
• The IRB Plan of Action for Efficient Refugee Determination: Guiding Vision
• Focus on the First Level: Achieving increased processing efficiencies at the RPD
• Focus on the Appeal: Achieving increased processing efficiencies at the RAD

Disclaimer

This Plan is an evergreen document that may develop further with the input and insight of employees and stakeholders and as additional opportunities emerge for further efficiencies. Information regarding any additions or changes to the Plan will be communicated in a timely manner.

Context

The Refugee Protection Division (RPD) and the Refugee Appeal Division (RAD) are situated at the core of Canada`s refugee determination system. Both are mandated to make well-reasoned decisions on refugee claims fairly, efficiently, and in accordance with the law. The work of these divisions reflects the values of Canada, which, in 1969, committed to offering refuge to those in need of protection when it signed the United Nations Convention Related to the Status of Refugees and related Protocol and, subsequently in 1984, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In 1989, Parliament positioned refugee determination decision-making in an administrative tribunal, deliberately structured with a high degree of institutional and adjudicative independence, but with the expectation of quick and informal decision-making.

Refugee decision making is complex, involving the life, liberty and security of the individuals concerned. Refugee status determination has been noted as “…among the most difficult forms of adjudication, involving as it does fact-finding in regard to foreign conditions, cross cultural and interpreted examination of witnesses, ever present evidentiary voids and a duty to prognosticate potential risks rather than simply declare the more plausible account of past events.”^{Footnote 1} Although a high degree of procedural fairness is demanded by the law and the courts given the rights at stake, both the RAD and the RPD are expected to provide timely administrative justice across a high volume of cases.

Today both the RPD and the RAD struggle to provide timely administrative justice. This challenge is compounded by the fact that the world is witnessing the unprecedented movement of people. With more and more claimants coming to Canada to claim protection in recent years, divisional output cannot keep pace and the RPD’s pending inventory continues to grow. Refugee claimants currently face uncertainty regarding when their claim will be scheduled and heard, despite regulated hearing time limits. More than 3,500 claimants have been waiting to have their claim heard for more than 18 months and June 2017 concluded with 25,350 claims pending before the RPD.. For its part, the RAD faces a high vacancy rate amongst its decision-making cadre which, when combined with increased intake at the RPD, has also resulted in a growing inventory of pending appeals. June 2017 ended with 2,400 appeals pending before the RAD and 31 of 57 decision making positions vacant, waiting appointments or reappointments by the Governor in Council. The situation in both divisions is increasingly unsustainable.

The IRB Plan of Action for Efficient Refugee Determination: Guiding Vision

The IRB Plan of Action for Efficient Refugee Determination (“the Plan”) presents a series of measures designed to improve processing efficiencies at the RPD and the RAD. In the short term, the Plan will focus on making immediate and significant improvements to scheduling and case management, supporting members more effectively and addressing long-standing operational impediments to efficiency. Medium term objectives focus on recruitment and training, performance management, and registry performance and efficiency. Longer term objectives include the implementation of an electronic-file and automated case management system which will open the door to efficient caseload management, and overall system productivity.

The overarching vision is a refugee determination system which is client-centric, IT-enabled and rooted in an innovative mind-set. The RPD and RAD will come to better understand and own their identity as divisions situated within an administrative tribunal rather than a court, mandated to deliver fair and timely justice. Finally, without considerations of employee well-being, and ensuring employees are supported and engaged in this transformation, the Plan will not succeed.

• Being Client-centric means that we question and reflect on how clients—be they internal or external—experience our processes. How do claimants or appellants interact with the divisions? Are their experiences taken into account when developing new approaches? How are members served by the registry and supportive structures? A client-centric approach will result in efficiencies as those who interact with us are able to better access our services and are more efficient in doing so.
• Being IT-enabled means that we are taking full advantage of the efficiencies and innovations that technology has to offer.
• An innovative mind-set is a mind-set which recognizes that to achieve greater efficiencies in claim and appeal processing, the IRB will have to do things differently. This way of thinking promotes the principle that there is always a better and more efficient way to deliver quality decisions.
• Owning our identity as an Administrative Tribunal: The RPD and the RAD are not courts yet divisional processes are demonstratively “court-like”; this culture is expressed in unnecessary formality, unnecessary procedure, inaccessible language in forms and decisions, etc. All aspects of the Plan must promote the principle that as an administrative tribunal, the RPD and RAD should function as informally and quickly as considerations of fairness and natural justice permit.

Focus on the First Level: Achieving increased processing efficiencies at the RPD

Initiatives to achieve more efficient processing at the RPD focus on improving case management and scheduling, supporting members more effectively, and establishing a coherent people management strategy with a focus on all divisional employees.

Theme 1: Strengthen case management and scheduling

Establish a national streaming (triage) and scheduling framework

IT-Enabled Scheduling

Maximize geographic (or issue) specialization among members

Innovation Pilots

Digitalization of Case Management Process

Redefine and implement optimal registry support

Theme 2: Support for Members and Tools for Efficient Adjudication

Knowledge and Information Management Tool

 Basis of Claim content review (BOC)

Theme 3: User-centric Approaches to Facilitate the Claimants’ Experience

Access to Justice

Revise documents & forms

Electronic Basis of Claim (BOC)

Theme 4: People Management

Recruitment and training

Proactive and effective performance management

Focus on the Appeal: Achieving increased processing efficiencies at the RAD

Initiatives to achieve more efficient processing at the RAD focus on strengthening case management, establishing tools for more efficient adjudication at the RPD and within the RAD, and increasing member productivity through the implementation of various information technology, training and professional development supports.

Theme 1: Strengthen case management

Establish a national streaming (triage) framework

Focus on file readiness/ systematic file assignment

Realign analyst role to strengthen adjudicative support

Maximize geographic (or issue) specialization among members

Revise documents & forms

Use business process improvements (BPI) methods in registry

Theme 2: Tools for more efficient adjudication

Identify & issue Jurisprudential Guides

Designate three-member panels

Deliverables / Products

• Three-member panel decision(s).

Establish frameworks of analysis & decision templates to aid reason writing

Harness persuasive value of single panel RAD decisions

Theme 3: Member Productivity

Member Recruitment

Revamp member training

Establish mentoring program

National performance management framework