Management response and action plan: Assessment of decision-making quality in the Refugee Protection Division (2019–2020)

1. Encourage the Eastern and Western offices to adopt the Central region’s method of tabbing files consistently as a means of helping to ensure that the files are both organized and complete.

2. Provide guidance to all regions regarding the importance of completing the Hearing Disposition Record (HDR) and the file cover consistently.

3. When planning professional development programming, the division should consider the above findings on sensitivity and respect and provide training to members on the impact that their manner of questioning and tone can have on the ability of claimants to testify effectively.

4. Whenever possible, avoid the use of interpretation by telephone and especially the use of multiple stage interpretation.

The Tribunal Services Branch (TSB) has reinforced with interpreters that they must participate in-person or by MS Teams for virtual hearings, except in exceptional circumstances. The IRB will continue to monitor compliance.

The IRB will also minimize the need for multiple stage interpretation by retaining multilingual interpreters whenever possible when this requirement arises.

5. Have a stenographer prepare a simultaneous transcript of the hearing so that members are not required to take detailed notes during the hearings.

6. Members should be reminded of the requirement in Guideline 7 to establish a clear and detailed issue agenda in consultation with counsel and to explain expectations regarding how the hearing should unfold to both counsel and the claimant.

7. Members should be reminded of the utility of clearly narrowing down the issues prior to questioning and final submissions by counsel.

8. A communique to members providing guidance on the reference to and use of rules, regulations, Chairperson’s Guidelines, Jurisprudential Guides or persuasive decisions in their reasons could be of assistance and increase consistency across regions.

9. Encourage members to provide additional explanation of their application of the Chairperson’s Guidelines in their reasons when relevant.

10. Encourage members to use headings and to follow the issue agenda in organizing their reasons.

11. Conduct a final edit or review of transcripts and reasons before they are released to the claimants or filed in the record.

12. Provide ongoing, compulsory training on the use of Guideline 9 and the impact that sexual orientation and gender identity and expression (SOGIE) considerations can have on the refugee determination process, including the ability of the claimant to testify.

Over the course of 2020-21, the RPD provided all members with additional, mandatory training on appropriate questioning and credibility assessments of claims related to SOGIE.

In FY 2021-22, all RPD members will receive additional mandatory training on Guideline 9 (once finalized), gender-related violence, including addressing myths and stereotypes about victims and the effects of trauma on victims’ memory, and on unconscious bias and cultural competency.

Lastly, once finalized, the RPD will implement recommendations emerging from the review of the implementation of Guideline 9.

13. Encourage members to note and explain the applicability of Guideline 9 at the outset of SOGIE related hearings.

14. Provide guidance to members on how to explicitly implement the principles contained in Guideline 9 in their hearing, as well as in their reasons.

15. Provide ongoing, compulsory training on the application of Guideline 4 – Women Refugee Claimants Fearing Gender-Related Persecution.

Over the course of 2020-21, the RPD complemented its existing training and professional development programs by providing all members with additional, mandatory training on questioning and credibility assessments of gender-related claims.

With the establishment of the Gender Related Task Force in the fall of 2020, additional training modules were developed on Guideline 4 which will be used for new member training and professional development.

Further training will be provided with the implementation of a revised Guideline 4 in 2021-22, including addressing myths and stereotypes about victims and the effects of trauma on victims’ memory, and on unconscious bias and cultural competency.

16. Encourage members to make explicit and detailed reference to Guideline 4 when applicable during the hearing as well as in their reasons.