Section 1: Institutional GBA Plus governance and capacity
Governance
The Immigration and Refugee Board of Canada (IRB or the Board) 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 relating to refugee and immigration matters, as this falls under the mandates of Immigration, Refugees and Citizenship Canada (IRCC) 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. A GBA Plus policy statement informs the Board's approach.
The IRB can establish operational policy instruments to complement the guidance provided by the Board's enabling legislation, the Immigration and Refugee Protection Act, that are intended for use internally by the IRB's decisionmakers and support personnel. This includes the Chairperson's Guidelines, such as 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). Guideline 9 provides guidance to decision-makers on refugee and immigration matters involving SOGIESC individuals by clarifying terminology and providing interpretative changes that help members to identity their own biases and assumptions and to assess credibility. Both Guidelines assist decisions-makers with applying intersectional approaches on relevant matters in their adjudicative work. They emphasize avoiding stereotypes and incorrect assumptions when making findings of fact.
In 2024, the IRB identified a GBA Plus Champion, who will continue in this role in fiscal year 2025 to 2026 alongside the Board's dedicated GBA Plus Focal Point, part of a Government of Canada-wide group of practitioners promoting coordination and collaboration on the application of GBA Plus.
Capacity
The Board will continue to advance a targeted review of the Refugee Protection Division Rules (RPD Rules) and the Refugee Appeal Division Rules (RAD Rules). The RPD Rules establish the practices and procedures for processing refugee claims and applications to cease or vacate refugee status, while the RAD Rules establish the practices and procedures for appeals of Refugee Protection Division decisions. GBA Plus considerations will inform and be incorporated into the work of the Rules and will be reflected in the Regulatory Impact Analysis Statement.
Human resources (full-time equivalents) dedicated to GBA Plus
In fiscal year 2025 to 2026, the IRB will have a 0.50 full-time equivalent dedicated to GBA Plus. This includes a GBA Plus Champion for the Board and a designated Focal Point responsible for developing content for corporate reports, occasionally reviewing the Board's GBA Plus content included in the IRCC's or the Canada Border Services Agency's Memorandum to Cabinet and Treasury Board Submissions, and attending GBA Plus interdepartmental committee meetings.
Section 2: Gender and diversity impacts, by program
Core responsibility: Adjudication of immigration and refugee cases
Program name:
- Admissibility and Detention Decisions
- Immigration Appeal Decisions
- Refugee Appeal Decisions
- Refugee Protection Decisions
- Internal Services
Program goals
Program goals for Admissibility and Detention Decisions, Immigration Appeal Decisions, Refugee Appeal Decisions, and Refugee Protection Decisions: The Board has adjudicative independence and makes decisions on a case-by-case basis. The Board does apply a GBA Plus lens to its programs as per the Chairperson's Guideline 4: Gender Considerations in Proceedings Before the Immigration and Refugee Board, Guideline 8: Accessibility to IRB Proceedings — Procedural Accommodations and Substantive Considerations, and Guideline 9: Proceedings Before the IRB Involving Sexual Orientation, Gender Identity and Expression, and Sex Characteristics. Notably, the Gender-Related Task Force in the Refugee Protection Division is a dedicated team with specialized training to hear and decide gender-related refugee claims. It ensures the respectful, trauma-informed and consistent adjudication of such claims. It also identifies, implements and refines best practices for adjudicating gender-related claims and shares those best practices for adjudication broadly across the Division.
Program goals for Internal Services: The IRB's internal services goal is to become more inclusive and to reduce systemic bias by understanding the diverse needs of all employees, including members, and those appearing before the Board, regardless of sex, gender or identity. The Board is partially guided in this goal through its Accessibility Plan 2023 to 2025, which aims to identify, remove and prevent barriers to accessibility, as well as its Diversity and Inclusion Strategic Plan 2024 to 2026, which reinforces our values of respect, safety and inclusion.
GBA Plus data collection plan
The Board will continue to work 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 9. The IRB's case management system records a limited amount of information, including the gender, age and country of origin of the persons appearing before it. This information allows the Board to analyze its client base in a gender disaggregated and age stratified way.