Evidence of meeting #46 for Citizenship and Immigration in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was iad.
A recording is available from Parliament.
9:40 a.m.
Liberal
Rob Oliphant Liberal Don Valley West, ON
Our job is to look at what happens before; you just tell us that middle section of the appeal.
Finally, do you find that judicial review is a nuisance or a bother in your work?
9:40 a.m.
Assistant Deputy Chairperson (IAD), Immigration and Refugee Board of Canada
No.
9:40 a.m.
Liberal
Rob Oliphant Liberal Don Valley West, ON
The minister has been clear that he is finding judges are in the way of processing applications. The minister has been clear that judges are a huge problem. I don't know whether you're a problem as well. How do you feel about the role of the courts? Is there a role for the courts in immigration?
9:40 a.m.
Assistant Deputy Chairperson (IAD), Immigration and Refugee Board of Canada
I believe that the courts are helpful in delimiting for the IAD its boundaries, its jurisdiction. It gives us guidance on the case law, it helps our jurisprudence, and it helps the way we develop and function as a quasi-judicial tribunal.
I wanted to mention something else. Mr. Oliphant, you asked a question about the type of information that the visa office uses to make its determination; I hope you understand that the onus is on the applicant to provide the visa officer with sufficient information.
9:40 a.m.
Conservative
The Chair Conservative David Tilson
Thank you.
Thank you, Mr. Oliphant.
Mr. St-Cyr, you have seven minutes.
9:40 a.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
Thank you.
I listened to your presentation, and I was very much interested in the part relating to alternate measures allowing for an accelerated processing of appeals: the alternative dispute resolution mechanism, the rapid and informal resolution and procedures based on facts which, if I am not mistaken, can work something in the way of conciliation.
Could you tell the committee what percentage of disputes go through this process initially, and what the success rate is, in other words the percentage of disputes that do not go beyond this stage?
Furthermore, you mentioned that even if the dispute is not resolved through these means, the resolution of the appeal through a hearing could nevertheless be accelerated. Could you illustrate this acceleration with some numbers?
9:40 a.m.
Executive Director, Immigration and Refugee Board of Canada
Yes. Please forgive me, but I do not have here with me the numbers with regard to the percentage of cases that are channelled towards alternative dispute resolution.
9:40 a.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
Is the proportion marginal? Would it be half or the majority of cases? What do the numbers look like?
9:40 a.m.
Executive Director, Immigration and Refugee Board of Canada
I would ask my colleagues to respond to that question.
9:40 a.m.
Assistant Deputy Chairperson (IAD), Immigration and Refugee Board of Canada
In terms of the ADR procedure, I would say that roughly 30% of sponsorship appeals that are filed do go through an ADR process.
I'm sorry, you'll have to repeat the remaining questions because I was having trouble—
9:40 a.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
Of these 30% of cases that go through the ADR process, how many of them are successful? In other words, in how many cases is there no need to move on to the next step, either because the minister allowed the appeal or the appellant withdrew it?
9:40 a.m.
Assistant Deputy Chairperson (IAD), Immigration and Refugee Board of Canada
Roughly 44% of all appeals that go through ADR are successful. Success, though, in terms of the IAD, includes those consented to by the minister and those in which the appellant withdraws the appeal. I can't give you more of a breakdown than that. That's how we measure success; we do it globally, unfortunately, but we can get the breakdown for you.
9:40 a.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
Yes, I would like to know the success rate.
Also, when this process does not work, when it is unfruitful, it appears to me that it nevertheless speeds up the processing time through a hearing. To what extent is that true, and could you illustrate the situation with numbers?
9:40 a.m.
Assistant Deputy Chairperson (IAD), Immigration and Refugee Board of Canada
Yes, we do. We do it in hard numbers.
I'm sorry; if I had known you would want this information, I'd have brought it with me.
We do get the hard numbers of how many were withdrawn successfully or how many were consented to by the minister. I can say that for this fiscal year so far, we have roughly 567 cases being resolved in ADR, and that includes our minister's consents and people who have withdrawn their appeals because the appeals are weak.
9:45 a.m.
Executive Director, Immigration and Refugee Board of Canada
I would like to add that if the alternative dispute resolution hits a snag or is not successful, a hearing is always possible in the end. At least the parties will have had the opportunity, and that stage, to hear the information from both sides. This can be helpful, in circumscribing the problem, when the appellant is allowed a full hearing in the appropriate format. We are of the view that even if the parties do not agree at the alternative dispute resolution process level, even in such circumstances, this helps us to resolve the case more effectively.
9:45 a.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
What allows one to follow the alternative dispute resolution path?
9:45 a.m.
Executive Director, Immigration and Refugee Board of Canada
It is the Board that calls the parties to a meeting...
9:45 a.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
You therefore carry out a summary examination of the application and judge whether or not the players can agree without having to go through the process.
9:45 a.m.
Executive Director, Immigration and Refugee Board of Canada
Indeed. It is the evaluation done by an official from the Board that determines if the case could be resolved through alternative dispute resolution measures. In such situations, the different parties are called in and it is the official who presides, and not a member of the division. The parties exchange information and the appellant decides if he or she wishes to withdraw the appeal, when it is weak, or else, as Ms. Ross stated, the minister may consent to the appeal.
9:45 a.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
You have therefore most certainly determined that the effort involved in doing this triage is greatly inferior to what you save...
9:45 a.m.
Executive Director, Immigration and Refugee Board of Canada
It is much less, it costs an awful lot less. Indeed, we do not take up the time of a division member, but that of an official who earns a little less than a division member.
9:45 a.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
This is very interesting.
With regard to these fast track methods, you also talked about appeals being resolved "in Chambers". If I am not mistaken, there is no need for a hearing in such cases. The commissioner studies the written arguments and submissions. What is gained here? What takes time? Is it the hearing or the waiting period in order to get a hearing that we are trying to avoid?
9:45 a.m.
Assistant Deputy Chairperson (IAD), Immigration and Refugee Board of Canada
The IAD is trying to reduce the backlog and work more efficiently, and the way we can do that.... You see, sometimes a single issue is just one legal question--
9:45 a.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
I understand that. I want to know what the situation is with regard to time saved, because a hearing does not necessarily last very long.
9:45 a.m.
Assistant Deputy Chairperson (IAD), Immigration and Refugee Board of Canada
It is both.