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

​Result AreaRecommendationManagement Response
Accepted
(Yes/No)
ActionResponsibleTime frame
Timely and complete pre-proceeding readiness

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.

YesThe RPD struck a national working group which determined tabbing requirements for an electronic file. This new tabbing protocol is now being adopted consistently across the RPD.RPDQ4 2020-2021

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

PatiallyThe RPD is moving to an electronic file and will therefore be reviewing and streamlining its file information collection processes. New processes may not include the HDR and file cover as they appeared in this quality review. The RPD will provide updated guidance to all regions on new data collection procedures, and the importance of file information completeness and consistency. RPDQ1 2021-2022
Respectful proceedings

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.

YesThe RPD will introduce new content to the “Preside” module for New Member Training and professional development sessions to address the issues identified.RPDQ1 2021-2022

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

Yes

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.

TBSQ4 2020-2021
Ongoing

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

NoAs a high-volume tribunal, simultaneous transcription is not financially nor operationally feasible.   
Focused proceedings

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.

YesThe RPD will enhance the “Prepare” and “Preside” modules of New Member Training and professional development sessions to address these issues.RPDQ1 2021-2022

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

YesThe RPD will enhance the “Prepare” and “Preside” modules of New Member Training and professional development sessions to address these issues. The RPD has also expanded its use of pre-hearing conferences nationally to narrow issues. RPDQ1 2021-2022
Decisions provide findings and analysis necessary to justify conclusions

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.

YesThe RPD will provide additional guidance to members in New Member Training and professional development regarding how to properly use and refer to rules, regulations, Chairperson’s Guidelines, Jurisprudential Guides, and persuasive decisions in their reasons. Of note, while the member must apply the law correctly, there is no need to refer to case law specifically in written reasons, especially for established points of law.RPDQ1 2021-2022

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

YesThe RPD will address this issue in its New Member Training and professional development sessions.RPDQ1 2021-2022
Reasons are transparent and intelligible

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

YesThe RPD will address this issue in its New Member Training and professional development sessions.RPDQ1 2021-2022

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

NoThe IRB is a high-volume tribunal which relies heavily on oral decisions. It is not operationally nor financially feasible to implement a final review of transcripts prior to issuance. However, the TSB will ensure that (1) quality standards continue to be built into contracts with transcription companies and (2) transcripts are monitored against these standards. TBSOngoing
Sexual Orientation and Gender Identity and Expression (SOGIE)

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.

Yes

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.

RPDQ2 2021-2022

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

YesSee Management Response to Recommendation 12.RPDQ2 2021-2022

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.

YesSee Management Response to Recommendation 12.RPDQ2 2021-2022
Women fearing gender-based violence (WFGBV)

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

Yes

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.

RPDQ3 2021-2022

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

YesSee Management Response to Recommendation 15.RPDQ3​​ 2021-2022