2014-15 Report on plans and priorities ‑ part III

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Table of contents

Message from the interim chairperson

Section I: organizational expenditure overview

• Organizational profile
• Organizational context
  • Raison d'être
  • Responsibilities
  • Strategic outcome and program alignment architecture
  • Organizational priorities
  • Risk analysis
• Planned expenditures
• Alignment to Government of Canada outcomes
• Organizational spending trend
• Estimates by vote
• Contribution to the federal sustainable development strategy (FSDS)

Section II: Analysis of programs

• Strategic Outcome: Resolve immigration and refugee cases before the Immigration and Refugee Board of Canada efficiently, fairly and in accordance with the law
• Program 1.1: Refugee protection
• Program 1.2: Refugee appeal
• Program 1.3: Admissibility hearings and detention reviews
• Program 1.4: Immigration appeal
• Internal services

Section III: Supplementary information

• Future-oriented statement of operations
• Supplementary information table
• Tax expenditures and evaluations

Section IV: Organizational contact information

Message from the interim chairperson

I am pleased to present the 2014-15 Report on Plans and Priorities for the Immigration and Refugee Board of Canada (IRB).

The IRB is an independent administrative tribunal entrusted by Parliament with resolving immigration and refugee cases efficiently, fairly and in accordance with the law. The IRB discharges its duties at arm's length from the Government of Canada, but is fully accountable to Parliament and to all Canadians. 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.

Our operating environment

The IRB carries out its work in a complex environment in which shifting migration patterns, domestic legislative changes and 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 variable, with a sharp decrease in referral levels following the coming into force (CIF) of new legislation in December 2012. This had a corresponding impact on appeals filed at the RAD.

The elevated intake in previous years contributed to substantial backlogs, particularly for the RPD. The pending inventory of RPD legacy cases upon the CIF of the new legislation has been reduced from over 30,000 in December 2012 to approximately 18,000 by December 2013. Over the coming year, the IRB will continue its efforts to further reduce the number of RPD legacy cases remaining.

Processing times for appeals at the IAD have increased in recent years due to the fact that organizational strategic priorities were focused on refugee reform and on the reduction of the RPD's significant pending inventory. In the coming year, the IRB will rebuild capacity in the IAD to address growing processing times and the inventory of appeals in that division.

During the latter half of 2014–15, the final stage of refugee reform will be complete when pre-removal risk assessment responsibilities are transferred to the IRB from Citizenship and Immigration Canada (CIC).

Throughout fiscal year 2014–15, all IRB divisions will remain adaptive and flexible to ensure continued success. The RPD and the RAD will continue to strengthen processes and practices put in place during the final quarter of the reporting period.

Key priorities for 2014–15

The IRB's strategic priorities for 2014–15 are:

• Complete the transition to the new refugee determination system resulting from the implementation of the new legislation, while continuing to reduce the inventory of refugee protection claims pending at the CIF of the new legislation
• Continue to resolve cases in a timely manner while ensuring quality and fairness
• Continue to promote an adaptive, integrated and flexible organization that values its people

Looking ahead

The IRB will work closely with portfolio organizations in 2014–15, particularly CIC and the Canada Border Services Agency, as we implement the remaining provisions of the Protecting Canada's Immigration System Act, ensure our existing processes and resources are prudently managed and effectively aligned, increase capacity at the IAD and continue to address the remaining RPD legacy inventory. It will be another year of significant change for the Board and I have full confidence that our personnel will successfully overcome any challenges with dedication and professionalism.

The original version was signed by
Ken Sandhu
Interim Chairperson

Section I: Organizational expenditure overview

Organizational profile

Minister: The Honourable Chris Alexander
Interim Chairperson: Ken Sandhu
Ministerial portfolio: Citizenship and Immigration
Year established: 1989
Main legislative authorities: Immigration and Refugee Protection Act (IRPA)

Organizational context

Raison d'être

Mission

The mission of the Immigration and Refugee Board of Canada (IRB), on behalf of Canadians, is to resolve immigration and refugee cases efficiently, fairly and in accordance with the law.

Responsibilities

Mandate

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 (PRRAs) (to be implemented)

Refugee Appeal Division (RAD)

• Decides 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)

• Decides appeals of family sponsorship applications refused by Citizenship and Immigration Canada (CIC)
• Decides appeals from certain removal orders made against permanent residents, Convention refugees and other protected persons, and holders of permanent resident visas
• Decides appeals by permanent residents against whom a CIC officer outside Canada has decided that they have not fulfilled their residency obligation
• Decides appeals by the Minister of Public Safety and Emergency Preparedness of ID decisions at admissibility hearings

Regional Operations

The IRB carries out its work in three regional offices located in Toronto (Central Region), Montréal (Eastern Region) and Vancouver (Western Region). The Central Region is responsible for Ontario, excluding Ottawa; the Eastern Region for Quebec, Ottawa and the Atlantic provinces; and the Western Region for the Western provinces and Northern territories. All four divisions hold hearings in these regions and are assisted by registry services and corporate support. The IRB also has offices in Calgary and Niagara Falls, where 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 by independent decision-makers. The Board respects the dignity and diversity of the individuals who appear before it and their unique and sometimes extremely 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 2014–15 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 and the strategic outcome.

1. Strategic Outcome: Resolve immigration and refugee cases before the Immigration and Refugee Board of Canada efficiently, fairly and in accordance with the law
1.1 Program: Refugee Protection
1.2 Program: Refugee Appeal
1.3 Program: Admissibility Hearings and Detention Reviews
1.4 Program: Immigration Appeal
Internal Services

Organizational Priorities

Risk Analysis

Immigration Appeals Inventory. The resources allocated to the reduction of the legacy RPD inventory in the past two years reflect the IRB's strategic priorities. However, the substantial concentration of GIC decision-makers focused on that effort has created conditions for a newly emergent risk: the growing processing time of immigration appeals. This risk has the potential to affect the integrity of the Immigration Appeal program by prolonging uncertainty among appellants waiting for resolution of their cases, and by diminishing the IAD's capacity to address intake and, now, a backlog. The IRB plans to respond to this risk by restoring resources to the extent possible through the assignment of appropriately experienced GIC decision-makers to the IAD. In addition, efforts will be made to increase early resolution activities and capacity, which are key to resolving appeals outside of the formal hearings process. This increased capacity will enable the IAD to respond to intake and lay the groundwork for the systematic reduction in the Division's growing processing time.

Complement of GIC decision-makers. The Government and the IRB have invested considerably in recruiting and training GIC decision-makers to perform a highly specialized service on behalf of Canadians. A continuously full complement is essential to address the workload demands in the Refugee Appeal program, in the Immigration Appeal program, and within the legacy team. However, these demands will continue to evolve as intake and inventory levels shift, often in unexpected ways given the nature of international migration. The regular entry and exit of GIC decision-makers, whose terms vary individually and whose reappointment is at the discretion of the GIC, provide a further layer of complexity. To manage this important resource, the IRB will strategically allocate its GIC decision-makers to where they are needed most, and will continue to keep the Government informed of the IRB's caseload so that future appointments and reappointments align with evolving workload demands.

Planned expenditures

Budgetary Financial Resources (Planned Spending - dollars)

Human Resources (Full-time Equivalents [FTEs])

Budgetary Planning Summary for Strategic Outcome and Programs (dollars)

The gradual decrease from 2011–12 to 2013–14 is mainly attributable to a reduction in temporary funding to enable the IRB to implement the new refugee determination system. Planned spending in 2014–15 includes temporary funding to enable the IRB to complete the implementation of the reform legislation, including the transfer of the PRRA function to the IRB.

Alignment to Government of Canada outcomes

2014–15 Budgetary Planned Spending by Whole-of-Government Framework Spending Area (dollars)

Total Planned Spending by Spending Areas (dollars)

Organizational spending trend

Spending Trend (dollars)

Increased total spending between 2011–12 and 2014–15 mainly relates to activities to implement the new refugee determination system. Sunset funding of $1.6 million which ends during 2014–15 represents funding for activities related to cases requiring the protection of information pursuant to Division 9 of the IRPA.

Estimates by vote

For information on the IRB's organizational appropriations, please see the 2014–15 Main Estimates publication.

Contribution to the federal sustainable development strategy (FSDS)

The IRB ensures that its decision-making process includes a consideration of the FSDS goals and targets through the strategic environmental assessment (SEA). An SEA for policy, plan or program proposals includes an analysis of the impacts of the proposal on the environment, including on the FSDS goals and targets. The results of SEAs are made public when an initiative is announced or approved, demonstrating that environmental factors were integrated into the decision-making process.

Section II: analysis of programs

Strategic outcome

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

Performance Measurement

Program 1.1: Refugee protection

Budgetary Financial Resources (dollars)

Human Resources (FTEs)

Performance Measurement

Planning Highlights

Fiscal year 2014–15 will be the RPD's second full year of operation under the reformed legislative scheme that came into force on December 15, 2012. The Division will continue to focus on increasing its productivity so it is well positioned to match its output of quality decisions on refugee protection with the intake of new claims. The RPD will also ensure the timely processing of claims referred back for re-determination from the FC and from the RAD as well as applications brought forward to cease or vacate refugee protection.

The impartiality and adjudicative independence of the Division's decision-makers and considerations of natural justice and fairness will remain paramount. Throughout the year, the quality of RPD decisions will continue to be supported by up-to-date country-of-origin information and ongoing professional development.

Reducing the inventory of pending legacy claims (those referred to the RPD prior to December 15, 2012) will continue to be a key priority for the IRB. GIC decisions-makers who have not been assigned to another division will focus on the efficient processing of these claims, while public servant decision-makers will contribute to this initiative as capacity within the Division allows.

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 during the latter half of 2014–15. Implementation planning in preparation for the transfer will continue throughout the first three quarters of the year; this work includes consultation on and publication of the Chairperson's proposed rules, adjustments to the IRB's electronic case tracking system and the development and delivery of training. RPD decisions-makers will begin to decide PRRA applications during the final quarter of the reporting period.

Refugee Protection Trends and Projections

Program 1.2: Refugee appeal

Budgetary Financial Resources (dollars)

Human Resources (FTEs)

Performance Measurement

Planning Highlights

Although the RAD was launched on December 15, 2012, 2014–15 will be the RAD's first full year of operation given the time lag in the filing of refugee appeals under the new refugee determination system. As a result, it will continue to closely monitor its operations in order to increase decision-maker efficiency and make any adjustments that may be required for the Division to meet its mandate effectively.

At the Registry level and in consultation with the RAD management team, the Division will continue to fine-tune its processes and procedures as necessary.

The RAD will further implement its performance management measures in order to be able to achieve the organizational performance target for rendering decisions within the regulated time limits provided for under the Immigration and Refugee Protection Regulations.

The RAD will hold professional development sessions to promote quality, efficiency and consistency in the Division. Moreover, the RAD will continue to develop its adjudication strategy, being mindful of the fact that RAD decisions rendered by three-member panels are binding on RPD decision-makers and on one-member RAD panels. The RAD is committed to monitoring the accessibility of the Division for persons who have a right of appeal to the RAD. To this end, the RAD is publishing selected reasons on the CanLII Internet website with free access to all. The Division will continue to engage the stakeholder community in shaping the process and tools so that counsel and self-represented appellants have the means to file an appeal that complies with the Refugee Appeal Division Rules and applicable time limits.

Refugee Appeal Trends and Projections

Program 1.3: Admissibility hearings and detention reviews

Budgetary Financial Resources (dollars)

Human Resources (FTEs)

Performance Measurement

Planning Highlights

In line with the IRB's strategic priorities, during 2014–15 the ID will continue to prioritize detention reviews to ensure that legislative requirements and fundamental rights are respected. At the same time, it will continue to process admissibility hearings as efficiently as possible to finalize the majority of them within six months.

It is anticipated that admissibility hearing referrals will decrease slightly while detention review referrals will remain stable. The ID is a high-volume tribunal that continues to maintain high levels of productivity. In order to manage its case inventory, the Division will continue to monitor its scheduling standards to ensure that predetermined productivity targets are being met. The proactive monitoring of effective case management practices will allow the ID to maintain reduced processing times and change of date and time rates, while continuing to resolve cases in a timely fashion. The new electronic case tracking system implemented for the Division in 2013–14 will enable enhanced monitoring and more effective case management practices.

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. Through ongoing communication and effective management, the Division will continue to promote a work environment that builds on the individual skills and talents of its people.

Admissibility Hearings and Detention Reviews Trends and Projections

Program 1.4: Immigration appeal

Budgetary Financial Resources (dollars)

Human Resources (FTEs)

Performance Measurement

Planning Highlights

The IAD's highly trained decision-makers conduct hearings that are varied in appeal type and process. While the IAD operated with a markedly reduced decision-maker complement in the previous reporting period given that organizational strategic priorities were focused on refugee reform and the reduction of the RPD's significant pending inventory, decision-maker resources from other divisions will be allocated to the IAD to enable it to return to its previous finalization capacity.

The IAD is forecasting an intake of 6,000 appeals in 2014–15. It is anticipated that the inventory of appeals awaiting finalization will remain stable at 12,100 by the end of 2014–15. While legislative changes limiting the IAD's jurisdiction in the area of appeals of removal orders issued by reason of criminality may impact appeal intake in that area in 2014–15, it is anticipated that the IAD will continue to see growth in the filing of other appeal types, including appeals of removal orders issued by reason of misrepresentation.

The IAD will continue to respond in a flexible manner to match resources with regional caseloads by sharing decision-makers among regions and holding hearings by way of videoconference where appropriate. Strategies will also focus on ways to address similar case-type inventories in the most efficient manner possible. As well, the IAD will continue to focus on the early resolution of appeals and will return to previous service delivery levels within the IAD's mediation program. In addition, the IAD will continue to identify ways to resolve appeals outside of the full oral hearing or mediation process.

The IAD's hearing model is an adversarial one. The Minister is represented at all appeals by CBSA hearings officers. The IRB will continue to encourage the CBSA to resource its regional hearings officer complement to levels that meet the scheduling needs of the IAD in both the hearing and mediation processes because there is a requirement for a one-to-one ratio. As well, the IAD will continue to encourage the CBSA to participate in early resolution processes, including mediation. 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 Trends and Projections

Internal services

Budgetary Financial Resources (dollars)

Human Resources (FTEs)

Planning Highlights

Internal Services contribute to and support the achievement of the IRB strategic outcome. In 2014–15, Internal Services will ensure that the appropriate human and financial resources as well as technological tools are in place to pursue the Board's strategic and ongoing priorities. To ensure the continued success of the new refugee determination system, Internal Services will be required to make adjustments to program policies and processes.

The IRB is committed to providing consistent and timely information to internal and external audiences and, as a result, will continue to engage its key partners, stakeholders and the public through its Outreach Program. Legal Services will continue to play a key role in providing advice on processing legacy refugee protection claims, developing innovative adjudicative strategies and providing training and support to decision-makers that will allow the IRB to finalize cases in a timely manner while ensuring quality and fairness. To manage performance, the Board will carry out targeted evaluations and improvements to the system for measuring quantitative and qualitative tribunal performance.

In accordance with Government priorities, as well as with Shared Services Canada (SSC), Workplace 2.0 and other Central Agency directives, the IRB will modernize and reduce its office space and standardize its back-office systems and services, and implement the identified Common Human Resources Business Process and system opportunities and the new Directive on Performance Management. The IRB will continue to ensure that information technology and information management internal practices are aligned with Treasury Board policies and SSC support services to support the future implementation of an electronic document management system.

As part of its commitment to valuing people, the IRB will continue to prioritize HR management that supports IRB personnel and promotes an adaptable, integrated and flexible organization. To this end, the Board will transition to a new HR service delivery model that will improve and streamline HR services. Through work on a common service catalogue initiative, IRB corporate services will move to standardized service offerings, levels and quality across the organization.

Section III: Supplementary information

Future-Oriented statement of operations

The Future-Oriented Condensed Statement of Operations presented in this section is intended to serve as a general overview of the IRB's operations. The forecast financial information on expenses and revenues is prepared on an accrual accounting basis to strengthen accountability and to improve transparency and financial management.

Because the Future-Oriented Statement of Operations is prepared on an accrual accounting basis and the forecast and planned spending amounts presented in other sections of this report are prepared on an expenditure basis, amounts will differ.

A more detailed Future-Oriented Statement of Operations and associated notes, including a reconciliation of the net costs of operations to the requested authorities, can be found on the IRB's website.

Future-Oriented Condensed Statement of Operations

The decrease in projected total expenses in 2014–15 is primarily due to a decrease in employee benefits, a decrease in amortization and lower professional fees.

Supplementary information table

The supplementary information table provided in the 2014–15 Report on Plans and Priorities can be found on the IRB's website.

• Greening Government Operations

Tax expenditures and evaluations

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 Evaluations publication. The tax measures presented in the Tax Expenditures and Evaluations publication are the sole responsibility of the Minister of Finance.

Section IV: Organizational contact information

For more information, visit the IRB website, or contact the IRB through either the Contact Us webpage or at the address indicated below.

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