July 18, 2022

Immigration and Refugee Board of Canada Releases Report on Quality Performance in the Refugee Protection Division in 2020-2021

Posted by Amanda D'Angelo - Bellissimo Law Group PC

In July 2022, the Immigration and Refugee Board of Canada (IRB) released a report regarding the quality performance in the Refugee Protection Division (RPD). The study reviewed 80 out of a possible 2680 claims and applications that were finalized between 1 January 2021 and 31 March 2021 on their merits after a virtual oral hearing before a single-panel member. The cases were randomly selected in relation to region, outcome and specially selected case types including cases relating to Sexual Orientation and Gender Identity and Expression (SOGIE) and Gender-Based Violence (GBV). Hearings selected had a duration between forty-five minutes and three hours.

The assessment was performed by an independent reviewer. The reviewer examined all evidentiary and administrative materials on file, listened to the complete audio recordings, and assessed these against the qualitative indicator checklist developed by the Strategic Planning, Accountability and Reporting (SPAR) Directorate and approved by the Deputy Chairperson of the RPD.

Of the hearings selected, 18% were from the Western Region (British Columbia, Alberta, Saskatchewan, Manitoba, Yukon and Northwest Territories), 49% in the Central Region (Ontario, except Ottawa and Kingston) and 34% in the Eastern Region (Quebec, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland, Nunavut, Kingston (ON), and Ottawa (ON)).

Some key findings include:

1. 66% of cases were accepted and 34% were rejected;

2. 20% of cases related to SOGIE and 17% GBV;

3. 93.8% of hearings the Member treated the participants with sensitivity and respect;

4. 97.5% of hearings the Member ensured parties had an opportunity to present and respond to evidence and to make representations;

5. 98.8% of hearings completed in the time allotted;

6. 97.5% of hearings the Member adhered to the application of legislation, regulations, Rules or Guidelines or provided reasonable explanation for not following them when appropriate; and

7. 98.8% of hearings Member based findings on evidence established as credible and trustworthy.[1]

The report includes strengths, areas of improvement and recommendations. If you are interested in learning more, you can read the full report here.