General information: Institutional Gender-based Analysis Plus capacity
Governance
The Immigration and Refugee Board of Canada (IRB or the Board) is the 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 relating to refugee and immigration matters, as this falls under the mandates of Immigration, Refugees and Citizenship Canada and Public Safety Canada. However, when consulted by the government on the impact that proposed government policies may have on the
IRB's work, the Board includes Gender-based Analysis Plus (GBA Plus) considerations in its input, as appropriate.
The
IRB published a
Gender-based Analysis Plus policy statement in March 2022 which informs the Board's approach to
GBA Plus.
Internal operational policy instruments for
IRB members (also known as decision-makers) and adjudicative support staff complement the Board's enabling legislation (Immigration and Refugee Protection Act) and align with its
GBA Plus statement. Examples include Chairperson's
Guideline 4: Gender Considerations in Proceedings Before the Immigration and Refugee Board and Guideline 9: Proceedings Before the
IRB Involving Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC). These two guidelines help members understand how the interaction between identity factors impact individuals and groups to relevant matters of adjudicative work, and emphasize avoiding stereotypes and incorrect assumptions when making findings of fact. Guideline 9 helps members identify their own biases and assumptions when assessing credibility.
Capacity
To advance departmental
GBA Plus capacity, the Board's work will continue to align with its policy statement on GBA Plus, where applicable. For example, training will continue to be provided to members and adjudicative staff in 2024 to 2025 to facilitate the implementation of the revised Chairperson's
Guideline 3: Proceedings Involving Minors at the Immigration and Refugee Board (formerly Chairperson's
Guideline 3: Child Refugee Claimants: Procedural and Evidentiary Issues) and Chairperson's Guideline 8: Accessibility to
IRB Proceedings — Procedural Accommodations and Substantive Considerations (formerly Chairperson's Guideline 8: Procedures with Respect to Vulnerable Persons Appearing Before the
IRB). The revised documents modernise guidance on the adjudication of
IRB proceedings involving minors and individuals requiring accommodations, as well as enhance accessibility to proceedings.
The Immigration Division is expected to complete a review of its
Immigration Division Rules in fiscal year 2024 to 2025. The Rules establish the practices and required procedures of the Immigration Division for admissibility hearings and detention reviews.
GBA Plus was integrated as part of this process and will continue informing this work. A similar approach was taken by the Immigration Appeal Division when it updated the
Immigration Appeal Division Rules effective January 14, 2023.
Highlights of
GBA Plus results reporting by program
The
IRB has adjudicative independence, and its decision-making function is to make decisions on a case-by-case basis. The Board has four divisions which reflect each of its four programs in its Program Inventory:
- Refugee Protection Division (program name: Refugee Protection Decisions)
- Refugee Appeal Division (program name: Refugee Appeal Decisions)
- Immigration Appeal Division (program name: Immigration Appeal Decisions)
- Immigration Division (program name: Admissibility and Detention Decisions)
The Board applies a
GBA plus lens to all of its programs as per Chairperson's
Guideline 4: Gender Considerations in Proceedings Before the Immigration and Refugee Board and
Guideline 9: Proceedings Before the
IRB Involving Sexual Orientation, Gender Identity and Expression, and Sex Characteristics. The
IRB is working towards collecting information more systematically on member's consideration of its Chairperson's Guidelines. For example, when a member completes a disposition for a case, they indicate which Guideline has been considered. Consistent reporting of this information provides insight into the quality of decisions rendered.
The Board will continue to improve its data collection to ensure consistency across the four divisions and further enhance monitoring and reporting of the impact decisions have on claimants and appellants through the lens of gender and diversity. For example, the Board provides training to its members to ensure consistent reporting and application of Guidelines 4 and Guideline 9. The
IRB's case management system records a limited amount of information including the gender, age, and country of origin of persons appearing before it. This information allows the Board to analyze its client base in a gender disaggregated and age stratified way.
Internal Services
The
IRB's goal is to become more inclusive and to reduce systemic bias by understanding the diverse needs of all employees, including members, and people appearing before the Board, regardless of sex, gender, or identity. For example, the
IRB will leverage its Strategic Plan on Diversity and Inclusion 2023 to 2026 to promote a diverse and inclusive culture, build a workforce that is representative of Canada's population, and embed diversity and inclusion in the Board's policies and programs. Further to this, the
IRB has been collecting data on staff and Governor in Council appointees. The process will be updated with a new Treasury Board of Canada Secretariat employment equity questionnaire. The new survey will be more inclusive and expand on the data previously collected by the Board.
The Board will continue to identify needs and gaps across the organization, in line with its capacity and mandate.