Thank you for inviting us to appear before your committee.
My name is Shereen Benzvy Miller, and I am the Deputy Chair of the Refugee Protection Division at the Immigration and Refugee Board. I'm here with Greg Kipling, who is the Director General of Policy, Planning and Corporate Affairs.
I appreciate the opportunity to update the members of this committee on the impact of the influx of refugee claimants at the border on the Immigration and Refugee Board as well as the steps we are taking to address this phenomenon going forward.
I think it is important to bear in mind that the Refugee Protection Division, the RPD, has been experiencing a substantially rising intake for quite some time. Referrals rose from 16,000 in 2015 to 23,000 in 2016, and then to about 47,000 in 2017, representing a significant growth intake over the last two years. And so far in 2018, we've received 12,600 claims, of which approximately 43% percent are from people who crossed into Canada between ports of entry.
Building on lessons learned from the measures we took last fall in response to the surge in refugee claims, we have been working with our Government of Canada partners to create a contingency plan. We want to be as prepared as possible in the event of another influx of refugees at the border.
To increase the overall output of quality refugee determination decision-making, we have taken several measures to be as strategic as possible with our approach to case management and the resources at our disposal.
We have expanded our use of the expedited process, which is a tool we use in specific circumstances to increase output, without sacrificing the robust checks and balances currently in place, including the proper security checks.
We are also making use of the short hearing process, which essentially tries to fit more hearings onto our hearing schedule by matching case complexity with the expected time needed for a hearing.
We've also altered our scheduling approach, by primarily scheduling our oldest cases first, as these cases are more hearing-ready than some of the newer ones, and we are generally seeing fewer postponements and, as a result, more cases being finalized.
We have also been able to take greater advantage of country specialization on the part of our members, which has shown to yield tremendous efficiency gains.
Our appeal division has also made several positive changes by increasing adjudicative support to its members and by working toward making use of much simpler and more streamlined forms.
Finally, last year in the absence of additional funding, the board reallocated internal resources to establish a focused legacy task force to hear the remaining pre-2012 claims still pending before the RPD.
These ongoing efforts are showing strong results. We've increased the number of refugee claims finalized by approximately 40% over this past year. At this time, the board projects to be able to finalize up to 2,500 refugee protection claims per month.
While these efforts have borne fruit, they were not sufficient to fully address the growing backlog, which has been increasing by an average of approximately 2,300 per month over the past year, amounting to 53,000 pending claims at the beginning of April.
As such, we are grateful to have received in Budget 2018 $74 million over the next two years to increase capacity at the RPD and the RAD, the Refugee Appeal Division.
The first priority will be staffing, which includes new decision-makers and support staff in the RPD, as well as in internal services. We plan on adding at least 50 decision-makers in the RPD, and 14 in the RAD, along with the required support staff.
We anticipate to have 58 appointed members by the summer for the RAD and up to 72 in the fall — a full complernent. This will be the first time the RAD is ever at full complement.
What this means is that, with the funding over the next two years, we should be able to finalize more than 17,000 refugee protection claims and more than 3,000 refugee appeals by March 31, 2020, over and above what we are already funded to do. We are hard at work to make this happen.
Let me spend a moment on how we schedule and hear claims from individuals who have entered Canada between the ports of entry, as I know this is of specific concern to the committee at this time.
First, we feel that a balanced approach to scheduling and case management results in the most efficient processing of all claims. As I mentioned earlier, the RPD is predominantly focused on hearing its inventory in the order in which it was referred. This approach is flexible in its application, and we continue to make significant strategic case management decisions to ensure program efficiency and integrity.
Currently, this scheduling flexibility is most demonstrated in our eastern region where a significant portion of the inventory—approximately 60%—consists of those who have entered Canada between ports of entry. Because this intake is highly concentrated among several key countries, the caseload lends itself to the streamlining process. Currently, these claims make up 40% of the eastern region's finalizations, yet these claims are not necessarily among the region's oldest.
From an adjudicative perspective, at their core, these claims are like others before the RPD: each is heard on a case-by-case basis by an independent decision-maker. Each is afforded the same procedural rights as other claims. Each has appeal rights at the RAD. The fact that these individuals entered Canada between ports of entry makes very little difference from an adjudicative perspective. The caseload, however, as I mentioned before, does lend itself to realizing solid case processing efficiencies.
Of course, challenges remain. All of us — the federal government, the provinces, municipalities, law enforcement, lawyers, and advocacy groups — face the same difficulty in adequately predicting the scope and size of future migrations, and this uncertainty creates impediments for planning for future migrations.
Member recruitment is challenging and difficult. It is difficult to increase capacity on a dime. We have outstanding member vacancies both at the RPD and the RAD. These positions are highly specialized and require highly qualified and dedicated individuals. Once hired, there is extensive training involved before they can begin to take on a caseload.
Linked to the imperative of hiring new members, there are of course the inherent challenges of having only a two-year funding window. It can be difficult to attract talent if all you have to offer is a couple of years of employment.
We greatly appreciate the allocated funding. We will use it to increase our output of excellent administrative decision-making on refugee matters at both the first instance and the appeal level.
I hope this provides a helpful overview. I look forward to your questions.