Refugee News – Issue 2

Welcome to the second edition of Refugee News! This newsletter comes at a particularly busy time for the Immigration and Refugee Board of Canada (IRB). The intake of new refugee protection claims and, by consequence, refugee appeals has been consistently rising over the past year; claims have increased by 82 percent and appeals by 45 percent in the 12‑month period ending June 2018.

In response to these challenges, the Board has been implementing several measures to enhance efficiency without compromising the fairness of our proceedings. We have adopted innovative scheduling strategies, expanded the use of expedited processing, scheduled more claims for shorter hearings, increased country specialization among members, and more. As a result of these changes, along with an increase in decision‑maker capacity, the finalization of refugee protection claims increased by 50 percent in fiscal year 2017–18 as compared to fiscal year 2016–17. We remain focused on better results in 2018 and continue to seek out ways to improve finalization rates.

In addition to measures taken by the Board, the Government of Canada, in Budget 2018, recently allocated an additional $72 million to the IRB over two years to increase capacity in an effort to address the growing number of refugee protection claims resulting from irregular migration, as well as to address the legacy inventory. This funding allows the Board to hire additional decision‑makers and support staff, ultimately increasing the number of claims we are able to finalize.

Beyond what we are funded to do, we expect to achieve the following outcomes:

• 5,000 additional refugee protection claims finalized in 2018–19
• 8,000 additional refugee protection claims finalized in 2019–20
• 3,000 additional legacy claims finalized in 2018–19
• 1,000 additional legacy claims finalized in 2019–20
• 1,200 additional refugee appeals finalized in 2018–19
• 1,920 additional refugee appeals finalized in 2019–20

In order to accomplish these results, staffing is a priority. Work on staffing began shortly after the budget announcement. At the Refugee Protection Division (RPD), we expect to have hired an additional 50 members by the end of October, and the staffing process will be ongoing. By the end of 2018, we will have hired an additional 50 part-time members in the Legacy Task Force. At the Refugee Appeal Division (RAD), we anticipate the appointment of a further 14 members during the next two fiscal years. In addition to new members, we plan to hire approximately 200 additional support staff.

We look forward to maintaining this momentum in the second half of the year.

Refugee cases (as of June 30, 2018)

Late disclosure

Parties must make a formal application to submit late evidence.

Voluminous disclosure

Parties must make a formal application to submit country conditions evidence that exceeds 100 pages.

RPD procedures related to voluminous disclosure and late disclosure

In June 2018, the RPD issued two practice notices introducing a new approach to managing the submission of late and voluminous disclosure at the RPD.

The RPD is committed to ensuring that evidence is accepted in a claim where fairness dictates that it should be accepted. As such, a member always retains the discretion to accept the late or voluminous disclosure of evidence when the circumstances warrant it. The new process will ensure that the member has the information necessary to make this decision by requiring an application setting out the reasons why the documents should be accepted.

If documents are not accepted, they are returned to the party if they were provided to the IRB by hand or via courier. Documents are not disposed of by the RPD.

The Legacy Task Force

The Legacy Task Force was created in April 2017, with a mandate to eliminate the remaining pre‑2012 referrals within two years. The team has been successful: it has decreased the legacy inventory by 63 percent as of the end of June 2018 and is on track to fulfill its mandate several months ahead of schedule!  

If your claim for refugee protection was referred before December 15, 2012, and you wish to schedule a hearing as soon as possible, you may do so by completing the Intention to Proceed Form. Legacy claimants who do not proactively submit this form may also be contacted by the Board at their address on record to inquire about their intention to proceed.  

RAD to save a few trees

In an effort to eliminate excess paper from the refugee appeal file, the RAD will no longer require appellants to provide the Division with a copy of the RPD notice of decision and reasons for decision. Formal notice will be communicated to stakeholders and the ministers later this month with the intention of the new practice to come into effect September 10, 2018.

Currently, the RAD receives a copy of the two documents when it receives the RPD record. Therefore, asking for copies from appellants effectively adds unnecessary bulk to the file. Although it is only a small greening effort, the elimination of these documents from the file will result in paper savings of 6,000+ pages per month based on recent intake. In a year that would amount to 72,000 pages! According to the Sierra Club, a tree can produce 10,000 to 20,000 sheets of paper; as a result, three to seven trees will be saved, not to mention savings for appellants on paper, toner and time.

The RAD has also initiated a file scanning project with the aim of creating an electronic version of the appeal file for use by members. The project allows for greater efficiency since it is easier and faster to transmit an electronic file than a paper file internally. As well, the exercise allows the Division to gain experience handling an electronic file and experimenting with new processes in anticipation of when the IRB adopts a fully electronic working environment, which is expected over the next couple of years.

Jurisprudential Guide: Nigeria

The RAD continues to facilitate fair and efficient decision-making by issuing jurisprudential guides. The most recent guide addresses the issue of internal flight alternatives in major cities in south and central Nigeria for claimants fleeing non-state actors.

Leadership changes

Richard Wex was recently appointed Chairperson of the IRB, effective July 23, 2018. Richard is a senior executive and former deputy minister in the federal public service. Known for achieving results, for collaborating with partners and for his integrity, Mr. Wex has successfully taken on increasing levels of executive responsibility across a range of legal, social, economic and security portfolios over his twenty-five year career.

John Szekula was appointed Assistant Deputy Chairperson (ADC) of the RPD, Eastern Region, in March. As the new ADC of the RPD, Eastern Region, Mr. Szekula brings to the IRB extensive leadership experience in managing service operations with Service Canada. He has been at the forefront of a number of large-scale transformational initiatives relating to client services. His considerable experience in strategic planning and partnership development in support of national programs has been a great asset to the Board since his arrival.

Stephanie Shatilla, most recently with the Government of Ontario, was appointed Assistant Deputy Chairperson of the RPD, Central Region, in August. Her expertise in managing service operations, stakeholder relations, and program policy development, along with her wealth of experience in partnership development will be invaluable as the Board moves forward with its initiatives.

The IRB appreciates the opportunity to participate in stakeholder conferences and other events in order to share information on our practices and procedures and to engage on topics of interest. Here is a snapshot of the events that we participated in over the last few months:

The Canadian Bar Association's Immigration Law Conference (April 2018)

The IRB was pleased to provide speakers for a number of interesting sessions that touched on issues related to its four divisions. The topics discussed included witness testimonies before the RPD, the review of recent case law on criminal inadmissibility, counsel conduct, as well as procedures before the IAD and the RAD.

The Canadian Association for Refugee and Forced Migration Studies (CARFMS) Annual Conference (May 2018)

At this conference, the IRB was grateful for the opportunity to participate in a roundtable to provide insight on how criminality issues are applied to cases before the IRB as well as to deliver a presentation on its Chairperson's Guideline 9 - Proceedings Before the IRB Involving Sexual Orientation and Gender Identity and Expression.

The Canadian Council for Refugees (CCR) International Refugee Rights Conference (June 2018)

The IRB was pleased to participate in a caucus session to speak about the Board's mandate and its policies and procedures related to refugee determination. Also, Roula Eatrides, Deputy Chairperson of the ID, engaged with the audience during a workshop on immigration detention.

Annual Legal Aid Ontario's Refugee Law Office (RLO) Conference (June 2018)

Shereen Benzvy Miller, Deputy Chairperson of the RPD, gladly participated as a speaker to discuss various topics, including the operational challenges her division is facing and the solutions being implemented to increase the efficient processing of refugee protection claims.

The International Association of Refugee and Migration Judges (IARMJ) Americas Chapter Conference (August 2018)

As a member of the IARMJ Americas Chapter Executive, the IRB jointly organized this international conference with the United States Citizenship and Immigration Services and with the support of the United Nations High Commissioner for Refugees. The IRB provided six speakers and one moderator for this conference, which attracted over 50 judges and decision-makers from approximately 20 countries worldwide. Topics on which the IRB provided its insight and engaged in fruitful dialogue included: adjudicating children's claims; adjudicating proceedings involving sexual orientation and gender identity and expression; theories and techniques for analyzing credibility in the context of vulnerable populations; claimants impacted by violence and trauma; and building resilient asylum systems.