Policy no. 2005-02
Effective Date: March 14, 2005
FAST TRACK POLICY:
EXPEDITED PROCESS
Operations Branch
1. Background
The Immigration and Refugee Board (IRB) is committed to adjudicating cases simply, quickly and fairly. In doing so it seeks to allocate resources and time to prepare cases in a manner that corresponds to the complexity of the issues raised by each case. To that end, the Refugee Protection Division (RPD) has developed a Fast Track Policy (FTP) for simple claims.
The Fast Track Policy is comprised of two policy instruments: The Fast Track Policy: Expedited Process (EP) and the Fast Track Policy: Hearings Process (HP). Together these policies enhance efficiency through expeditious processing of appropriate claims, and optimizing the use of resources for determining claims, including freeing up resources to deal with more complex cases.
2. Purpose
The EP policy establishes a framework to identify and deal quickly and fairly with claims that can be determined without a hearing at a consistently faster rate than more complex claims.
The key underlying principles of the process include:
- efficiency (accuracy and simplicity of process);
- consistency of process (a consistent approach to key elements of
the process);
- process integrity (transparency of process and issuance of well-founded, reasoned decisions); and
- possibility of quicker integration into the country for refugee protection claimants whose claims appear to be manifestly well founded.
The expected results include having expedited claims ready for scheduling within seven days of referral or receipt of the Personal Information Form (PIF), depending on the nature of the claim, scheduling an interview within the following 6 to 8 weeks, and issuing a decision within seven days after the interview.
Under the guidance of the Deputy Chairperson, RPD,
certain countries and claim types may be designated for processing under
the FTP across
all regional and district offices. Each office may add additional countries
and claim types it deems suitable. Furthermore, the FTP does
not limit the streamlining of individual claims into the expedited process.
Countries and claims that would not normally fall under the FTP may
still be streamed for an expedited interview.
3. Application
This policy applies to all claims, except for claims made by unaccompanied minors and claims made by persons requiring a designated representative by reason of a mental disability. The need to appoint a designated representative who will safeguard the interests of such vulnerable claimants means that these claims collectively are not suitable for processing under Fast Track. However, all unaccompanied minors shall always be processed as expeditiously as possible (see in this regard Chairperson's Guideline 3, Child Refugee Claimants: Procedural and Evidentiary Issues). On a case-by-case basis, individual claims may be streamed into the expedited process where the RPD and counsel identify them as suitable.
In addition, the policy does not apply to those cases that have been remitted to the IRB for rehearing by the Federal Court after judicial review. The treatment of these cases is governed by the IRB's Policy on Court-Ordered Rehearings (#2003-05) and Chapter 37 of the Refugee Protection Division Case Management Manual.
This policy builds on existing RPD policies and practices, and supersedes any documents or portions of documents or statements previously issued by the IRB that conflict with this policy and supporting materials.
The EP is effective
March 14, 2005. The policy commits the RPD to
a systematic and nationally consistent examination of its caseload, with
a view to proactively identifying well-founded claims and concluding
those claims as rapidly as possible. The EP replaces
the former Policy on the Expedited Process (#2001-01).
4. Context
The RPD and the former Convention Refugee Determination Division have been conducting expedited interviews since the early 1990s. This policy builds on that experience to now match preparation and scheduling timeframes to the relative complexity of a claim.
In 1993, amendments to the Immigration Act introduced by Bill C-86 provided a clear statutory basis for the expedited process.
This statutory basis continued under the Immigration and Refugee Protection Act, as proclaimed in force on June 28, 2002. Subsection 170(f) provides that the RPD may allow a claim for refugee protection without a hearing, unless the Minister has notified the Division of the Minister's intention to intervene within the timeframes set out in the RPD's rules (see Rule 19(1)). Furthermore, subsection 162(2) directs that, “Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.” RPD rule 19 outlines the process whereby a Refugee Protection Officer (RPO) conducts an interview with a claimant and prepares a report . If the RPO recommends that the claim be accepted without a hearing, the report will be provided to a member, who may either accept the claim without a hearing or remit the claim to a hearing.
5. Definitions
For the purposes of this policy:
"Expedited interview" means the interview with a claimant conducted by an RPO in order to assess whether a claim is suitable to be recommended for acceptance without a hearing.
"Expedited process" means the process of preparing a claim for an expedited interview, the conduct of an interview, its outcome, and, where applicable, the member's decision either to accept a claim without a hearing or to remit a claim to a hearing.
"Expedited Report" means the report completed at the conclusion of the interview in which the RPO either remits the claim to a hearing or recommends to a member that a claim is suitable to be accepted without a hearing (Annex A). The Expedited Report also includes, where applicable, a member's decision with supporting reasons.
6. Policy Statement
The EP is one method the RPD employs to promote a responsive and efficient means of delivering administrative justice by dealing with cases simply, quickly and fairly on their merits. The process focuses on those cases which appear to be manifestly well-founded, and which then can be confirmed as such within the context of the EP.
The process is driven by the RPD's direction on streaming to regional and district offices. RPOs play an important role within the EP with respect to case preparation, conduct of interviews, preparation of reports, recommendations to a member for acceptance without a hearing, remitting of claims to a full hearing, and documentation of the process.
The assignment of a claim to the Fast Track Expedited Process
is simply a case management tool and does not influence the adjudication
of the merits of a claim. It is ultimately the responsibility
of members to decide whether to accept a claim without a hearing,
based solely on the merits of the individual claim assisted by the
report and recommendation of an RPO that
the claim be accepted.
The RPD is committed to this policy based on the following key elements:
6.1 Case assignment:
The RPD will determine which cases are suitable to be assigned to the EP, relying on its knowledge of country conditions and claim types, and experience in how claims are decided.
Assigning claims to the EP is carried out by dedicated resources in each regional or district office assigned to effectively stream triage claims, under the guidance of the Deputy Chairperson. A record shall be kept of this decision in each case.
The RPD may, at any time and for appropriate reasons, remove a claim from the EP. For example, this will occur if it becomes clear in the course of processing that the claim is more complex than it originally appeared to be.
Claimants, or their counsel, may also suggest to the RPD that their claim be processed through the EP. However, the RPD will still decide whether a claim suggested for the EP is suitable under the EP.
Where an individual claim fits within a claim type identified by the RPD as suitable for the EP, that claim will be assigned to the EP unless it is clear on the face of the record that:
- the facts presented by the claimant do not appear to fit within
the Convention refugee definition, or the definition of persons in
need of protection;
- the claim is inconsistent with country information;
- complex legal or factual issues require a hearing to resolve; or
- the RPD has
received a notice of intervention from the Minister or issues arise
that require notifying the Minister (e.g.,
exclusion).
Inability to provide acceptable documentation establishing identity
or to take reasonable steps to obtain such documentation may disqualify
a claim from consideration under the EP.
6.2 Scheduling:
- Processing and preparation time should be proportionate to the complexity of a claim. Where the RPD has identified a claim as, on its face, involving simple issues, claimants and their counsel are expected to conduct their preparation within the timeframe set by the RPD.
- The RPD may contact counsel, if one has been identified to the RPD, for available dates within six to eight weeks. The RPD will try to accommodate counsel's calendar but these attempts cannot interfere with the ability of the RPD to schedule its proceedings efficiently under the Fast Track Policy (see in this regard Chairperson's Guideline 6, Scheduling And Changing The Date And Time Of A Proceeding In The Refugee Protection Division).
- Where a claimant is under 18 years of age, the RPD shall appoint a designated representative for that claimant prior to the date of the interview.
6.3 Disclosure:
Disclosure of the documentary evidence the RPD will rely on is made approximately 10 days after referral or receipt of the PIF, depending on the nature of the claim.
6.4 Interview:
All interviews will be recorded. Recordings of the interview will be made available to counsel and claimant upon request.
The interview shall be conducted by an RPO . At the outset of the interview, the RPO shall read a standard declaration to the claimant to ensure that the claimant understands his or her obligation to tell the truth. The sole purpose of the interview is for the RPO to assess whether the claim is suitable to be recommended for acceptance without a hearing or whether to remit the claim to a hearing. The RPO's assessment necessarily includes an assessment of the credibility of the claimant.
Where one or more of the following criteria emerge in the course of the interview, the RPO will remit the claim for a hearing:
- the claimant's identity was not sufficiently established;
- the facts presented by the claimant do not fit within the Convention refugee definition, or the definition of persons in need of protection;
- the claim is not consistent with country information;
- there is a serious inconsistency or implausibility in the claimant's account;
- a complex legal or factual issue arises that would require a hearing to resolve;
- an issue arises that requires notifying the Minister (e.g., exclusion).
When the RPO forms the opinion that a hearing is required, he or she shall immediately stop the interview and remit the claim for determination at a hearing. Interviews shall not exceed one hour, unless the RPO is of the view that additional time would be likely to result in a recommendation that the claim is suitable to be accepted without a hearing.
An RPO may
seek guidance from the assigned member , as appropriate, prior to or
during an expedited interview, or before remitting a claim for determination
at a hearing. In the event the matter is remitted to be heard by that
member, disclosure of such communication shall be made pursuant to Instructions
Governing Communication in the Absence of Parties Between Members of
the Refugee Protection Division and Refugee Protection Officers and
Between Members of the Refugee Protection Division and Other Employees
of the Board.
6.5 Report:
The RPO shall complete an Expedited Report by the close of the next business day . However, the RPO may delay the completion of the Report up to one week if the RPO is satisfied that a document required to base a recommendation to the member to decide the claim without a hearing, is forthcoming and can be provided by the claimant. The Report shall include:
- a summary of the information that was elicited during the interview, including whether the claimant's identity was sufficiently established; and either
- the RPO's recommendation to a member that the claim is suitable to be accepted without a hearing; or
- the RPO's instruction to remit the claim for determination at a hearing.
Copies of any identity or other relevant documents that were provided at the interview shall accompany the Expedited Report.
Where a recommendation is made to the member that the claim is suitable
for acceptance without a hearing in accordance with the criteria under
Rule 9(4), the member shall, by the close of the next business
day following receipt of the RPO 's
Report and based on the Report and the record:
- determine the claimant to be a Convention refugee or a person in need of protection; or
- remit the claim for determination at a hearing.
Both the RPO and the member may add comments specific to the claim on the Report.
The member's decision and supporting reasons shall be recorded on
the Report, both where the claim is accepted without a hearing and
where the claim is remitted for determination at a hearing. Where the
member accepts the claim without a hearing, the Report, completed and
signed by the member, shall constitute the record of decision . If
the claim is accepted without a hearing a Notice of Decision will be
sent within three days of the decision.
6.6 Cases Sent to Hearing:
The hearing is not limited to the issues canvassed during the expedited process.
Scheduling
Subject to operational considerations, the scheduling of the hearing of a claim shall not be delayed as a result of the claim having been remitted from an interview for determination at a hearing. A hearing will be scheduled for a date within 16 weeks of referral.
Disclosure and Filing
In the event that the claim is remitted to a hearing, the RPO will disclose documents, including the Report, in compliance with RPD rule 29.
Use of Expedited Interview Recordings in Hearings
The recording of the interview shall be given to the claimant upon request; the recording will be adduced in evidence at the hearing by the claimant in cases where the accuracy of the Report is questioned. In such cases, the claimant must indicate to all parties where on the recording or in the transcript of the interview the accuracy of the Report is being questioned.
The recording of the interview can be adduced in evidence at the hearing by the RPD in cases where the claimant makes a material statement at the hearing that is inconsistent with what he or she said at the interview, but which prior statement is not necessarily included in the Report.
Hearing Participants
The same RPO who
conducted the interview may be assigned to the hearing. Ordinarily,
a different member will be assigned to the hearing. If a member has
remitted the claim for determination at a hearing, or discussion on
the merits took place between the RPO and the member, the same member
may be assigned to participate in the hearing only when disclosure
of such discussion is made and the claimant gives consent.
7. Implementation
Member and public service management along with all members and employees play a role in supporting the achievement of corporate objectives by actively supporting the EP process and maintaining conditions that facilitate this process.
Assistant Deputy Chairs and Regional Directors, along with Coordinating Members and District Managers, are accountable for the overall implementation of this policy. Each region and district will have the scope to organize its teams and processes to harness the benefits of EP specialization, while at the same time ensuring the appropriate linkages to geographic teams.
The IRB will provide ongoing training and develop materials for all members and employees involved in EP, as required.
Related procedural guidelines are contained in Chapter 10 of the Refugee Protection Division Case Management Manual.
8. Monitoring
Ongoing monitoring and evaluation of this policy will be carried out under the direction of the Refugee Protection Division Operations Committee, with the support of Regional Executive Committees and the Operations Branch.
9. References
Legislative and Regulatory Provisions
10. Enquiries
For information contact:
Chief, Policy Development and Coordination
Operations Branch
Canada Building (Minto Place)
344 Slater Street, 14th Floor
Ottawa, Ontario K1A 0K1
Fax: (613) 952-9083
ANNEX A - EXPEDITED REPORT
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