Gender-based Analysis Plus (GBA Plus)

The Immigration and Refugee Board of Canada (IRB) is an independent administrative tribunal responsible for making well-reasoned decisions on immigration and refugee matters, efficiently, fairly and in accordance with the law.

The IRB is not responsible for developing public policy, programs/initiatives or services on refugee and immigration matters, as this falls under the mandate of Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency. When consulted by government on impacts that proposed government policy may have on the IRB's work, the IRB includes GBA Plus considerations in its input as appropriate.

The IRB develops operational policy instruments that aim to fill gaps in guidance provided by the IRB's enabling legislation, the Immigration and Refugee Protection Act, and for use internally by the IRB's decision-makers and support personnel including documents such as the Chairperson's Guideline 9 on Proceedings before the IRB Involving Sexual Orientation and Gender Identity and Expression and the Chairperson's Guideline 4: Women Refugee Claimants Fearing Gender-Related Persecution. GBA Plus is used during the development, monitoring and review of these internal policy instruments.

GBA Plus will be supported by an estimated 0.5 of one full-time equivalent (FTE) distributed across employees in several branches and Divisions of the IRB. However, an accurate count of FTEs cannot be provided as no employees are solely dedicated to GBA Plus activities.

In 2020-21, the IRB aims to implement the recommendations from the review of the implementation of Chairperson’s Guideline 9: Proceedings Before the IRB Involving Sexual Orientation and Gender Identity and Expression (SOGIE Guideline). The objective is to ensure that the Guideline remains current, that SOGIE-diverse individuals appearing before the Board continue to receive consistently sensitive treatment and fair hearing, and that decisions are of high quality.

Previous departmental plans noted an intention to review Chairperson’s Guideline 4: Women Refugee Claimants Fearing Gender-Related Persecution. Due to work priorities and pressures associated with, among others, the increased intake levels for refugee claimants, the IRB had deemed it necessary to shift this work to a later date.  In summer 2019, the IRB conducted a preliminary assessment of all eight Chairperson’s Guidelines. Priorities were recommended based on the results of this assessment.  Chairperson’s Guideline 2: Detention, Chairperson’s Guideline 3: Child Refugee Claimants, and Chairperson’s Guideline 4: Women Refugee Claimants Fearing Gender-Related Persecution are proposed for review in 2020-2021.  Chairperson’s Guidelines pending review will be assessed as part of medium to long-term work plan development.

In 2020-21, the IRB will also continue to review its Designated Representatives (DR) Program. This Program aims to provide unaccompanied minors and those who are unable to appreciate the nature of the proceedings at the IRB with competent DRs who adequately represent them.

Finally, the Immigration Appeal Division is seeking to renew its Rules. One of the objectives is to ensure more easily accessible Rules, which aims to assist appellants, including those who are unrepresented, with better access to justice. GBA Plu will be incorporated throughout this work.  

Internally, the IRB is aiming to develop its own approach to GBA Plus​ more fully, including developing a policy statement, as well as carrying out a needs assessment.

In its case management system, the IRB currently records a limited amount of information including gender, age, and country of origin on persons appearing before the four Divisions of the IRB. Such information is typically collected through forms from Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). Recording this information allows the IRB to analyze its client base in a gender disaggregated and age stratified way. As the IRB seeks to further digitalize its operations, it is seeking to more systematically collect information on decision makers’ consideration of its Guidelines, including those on SOGIE and gender-related persecution. This will allow for more in-depth analysis of vulnerable persons appearing before its Divisions.