Evidence of meeting #123 for Citizenship and Immigration in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was irb.
A video is available from Parliament.
4:10 p.m.
Chairperson, Immigration and Refugee Board
I haven't considered that before, Mr. Chair. I have no objection to looking into that matter. I think it's an interesting question. I can undertake to consider that further in the context of my responsibilities.
Thank you.
4:10 p.m.
Conservative
Michelle Rempel Conservative Calgary Nose Hill, AB
In terms of the Yeates report, there are two models for asylum determination being proposed. One of the models would see the the IRB fall under the Minister of Immigration, Refugees and Citizenship, and this would mean that the IRB is no longer independent. Do you support this model?
4:10 p.m.
Chairperson, Immigration and Refugee Board
Mr. Chair, thank you very much for that question.
I think that's a hypothetical question at this point in terms of a new agency. I understand the spirit in which it was made, to try to integrate a whole bunch of issues that are currently dispersed across three parties into one.
My own experience over the past number of years with machinery changes, which rest with the prerogative of the Prime Minister, of course, is that there are significant transaction costs associated with them, and they would need to be carefully considered prior to moving forward.
4:15 p.m.
Conservative
4:15 p.m.
NDP
Jenny Kwan NDP Vancouver East, BC
Thank you very much, Mr. Chair.
Mr. Wex. Welcome to your position. I look forward to working with you on this important matter, the role the IRB has to play with the immigration system, and, in particular, the integrity of our immigration system.
You mentioned that the inventory at the moment is at 65,000 cases. It would take about two years to sort of get that processed, given the current resources you have available to you. If we were to reduce that backlog to what I think the government likes to say is a standard with respect to processing delays, which is generally around 12 months, could you tell us how much money would be required by way of an injection into the IRB for that work to be done within a 12-month period, given the current number of applications that are in place?
4:15 p.m.
Chairperson, Immigration and Refugee Board
Mr. Chair, thank you for the question.
Just to clarify, I indicated that 65,000 or so is the current backlog. It can't be reduced in two years. The previous member's question was how long it would be if we didn't receive any new claims from here on in.
4:15 p.m.
Chairperson, Immigration and Refugee Board
If you're asking how much it would take to reduce the 65,000 to essentially a working inventory of one year's worth, which is about 30,000, then it would essentially be 35,000 claims over the context of one year. We could calculate that and provide the information to you.
I could hazard to guess at the moment, but I don't want to. However, it would not be difficult to calculate how much it would take to process or finalize 30,000 refugee claims.
4:15 p.m.
NDP
Jenny Kwan NDP Vancouver East, BC
If we could receive that information for the committee, I would appreciate it.
4:15 p.m.
NDP
Jenny Kwan NDP Vancouver East, BC
As for the current rate of increase, could you tell the committee how many cases are coming in on average on a monthly basis?
4:15 p.m.
Chairperson, Immigration and Refugee Board
Yes, I can. The backlog is growing on average by about 2,400 claims per month. If you assume, in addition, that we have about 55,000 or so claims per year, you divide that by 12, and you'll get your average monthly claim intake.
4:15 p.m.
NDP
Jenny Kwan NDP Vancouver East, BC
With the 65,000 cases, are those all new applications or are they the previous backlog?
4:15 p.m.
Chairperson, Immigration and Refugee Board
That's right, Mr. Chair, they go back now some time and there's a combination of both claims that are coming in, irregular border crossers, and accumulated claims over the last number of years. With respect to the legacy claims that predated 2012, as you know, there were about 5,000 or so at the time. We're making very good progress on that front and we're on track. We're actually on schedule to complete all of the legacy claims prior to March 31, 2019.
4:15 p.m.
NDP
Jenny Kwan NDP Vancouver East, BC
Could you provide to the committee a breakdown of the 65,000 cases in terms of what categories they fall under so we have that information specifically?
4:15 p.m.
Chairperson, Immigration and Refugee Board
Sorry to interrupt, Ms. Kwan. Mr. Chair, essentially about 40% or 45% of the backlog relates to irregular border crossers.
4:15 p.m.
NDP
Jenny Kwan NDP Vancouver East, BC
Okay, thank you.
On the 5,000 cases of the legacy claims, and this is prior to your arrival, the government actually directed the IRB to deal with those cases. The problem, of course, was there were no resources provided to the IRB to do that. The IRB had to rob Peter to pay Paul. That meant they had to divert everything else that the IRB needed resources for and then put it into these legacy claims.
I'm glad that some work is being done there, but that doesn't really solve the problem. Robbing Peter to pay Paul does not solve the problem.
I want to turn to the Yeates report. I assume that you've read the Yeates report. I understand you're in the process of formulating some options for the government's and the minister's consideration. I wonder what your personal thoughts are at the moment about the Yeates report, particularly with respect to the proposal that we advance the refugee determination process under the discretion of the minister. That's an interview question.
4:20 p.m.
Chairperson, Immigration and Refugee Board
Thank you very much, Mr. Chair.
I would like to clarify that money was provided. It's important for the committee to understand that money was provided in budget 2018 for the legacy files to help address that.
4:20 p.m.
NDP
Jenny Kwan NDP Vancouver East, BC
I understand that, but prior to that, the government actually made the announcement of dealing with the legacy cases and no dollars were actually provided.
4:20 p.m.
Chairperson, Immigration and Refugee Board
Yes, that's right. I just wanted to make sure that I was forthright in terms of my understanding of budget 2018.
In terms of Mr. Yeates' recommendations, it was a very long report, with some 65 different recommendations, but for the purpose of the committee, I would say there were four main recommendations.
First—
4:20 p.m.
NDP
Jenny Kwan NDP Vancouver East, BC
I'm just going to stop you there. I'm going to ask one specific interview question. I would like your personal comments about the recommendation of putting the refugee determination process under the discretion of the minister.
4:20 p.m.
Chairperson, Immigration and Refugee Board
Again, as chair of the IRB, I'm not in a position to comment on a policy matter. That's properly with the government to consider.
4:20 p.m.
NDP
Jenny Kwan NDP Vancouver East, BC
This is within part of the recommendations in which you will provide options for the minister to consider on how you would manage the asylum claim applications for the IRB.
4:20 p.m.
Chairperson, Immigration and Refugee Board
I guess, Mr. Chair, I'd like to make a couple of points because it relates back to the earlier motion that was approved by this committee. I understand well the independence of the IRB, particularly with respect to the adjudicate responsibilities. I also understand well that, as an administrative tribunal, the tribunal is still part of the executive. The advice that I end up giving to the minister on this issue or any issue affecting the functioning of the board in my capacity as CEO of the board, if you will, is advice to the minister. That part will be privileged and confidential.
I'm happy to talk to you about views within my remit in terms of what I would do if I had certain monies approved by the government, but with respect to, number one, a policy choice that the government has or, number two, the nature of my advice to the minister, I think that would be inappropriate.
