Opening Statement to the Committee Committee On Public Accounts

Chapter 25 - Citizenship And Immigration Canada And Immigration And Refugee Board - The Processing Of Refugee Claims (December 1997 Report of the Auditor General)

L. Denis Desautels, FCA
Auditor General Of Canada

Mr. Chairman, thank you for giving us the opportunity to present the results of our audit of the processing of refugee claims.

Our observations and findings apply to both Citizenship and Immigration Canada and the Immigration and Refugee Board. These two bodies share responsibility for processing claims.

At the end of 1988, the system had developed a sizable backlog of claims awaiting processing. To remedy the situation, a new structure and a completely revised process for handling claims were put into place in January 1989. The expectations were clear: quick, equitable and efficient resolution of claims and the removal of failed claimants. Other amendments were later made to the Immigration Act and Regulations.

We found, Mr. Chairman, that results have been disappointing. We are particularly concerned by the size of the backlog, the lengthy processing times at both the Board and the Department, and the difficulty of carrying out removals.

At 31 March 1997, some 37,500 claimants were awaiting a decision on their claims by the Department or the Board. With respect to processing times, it is estimated that a person claiming refugee status can count on staying in Canada for more than two and a half years. The issue of removals also warrants particular attention. At the end of our audit, the Department was able to confirm the departure of only 4,300 of the 19,900 persons who were to have left the country. In short, the process does not grant protection quickly to those who genuinely need it. Furthermore, it does not discourage those who do not require or deserve Canada's protection from claiming refugee status.

The processing times for refugee claims are unacceptable for several reasons. First, the time it takes to arrive at decisions unduly prolongs the fear and uncertainty felt by refugees. Moreover, claimants settle in and create ties within Canadian society during this time. After a while, it becomes very difficult to remove them. In addition, the low rate of success in removing those who are not in need of protection fosters a perception that it is easier to immigrate to Canada by claiming refugee status than by going through the regular immigration programs.

Total costs related to refugees are unknown. However, the fragmentary data available indicate that the cost to the federal government is at least $100 million a year. In addition, it costs Quebec and Ontario each approximately $100 million a year in social assistance to refugee claimants. Savings could be made by speeding up the resolution of failed claimants cases.

Several factors contribute to the problems of the current system. We noted problems of efficiency and operational effectiveness and a lack of rigour at various stages in the process, which have a serious impact on the system's ability to meet expectations. Our report provides the following examples, among others:

• we noted that 60 percent of claimants have no identification or travel documents;
• there is a high rate of turnover among Board members;
• there are major discrepancies in acceptance rates among certain Board offices;
• we found that 49 percent of hearings are adjourned or postponed;
• supplementary review mechanisms are slow and complex;
• insufficient information is available to manage removals.

In our report, we caution the government against making patchwork changes. The problems of the current claim process are complex and there is a need for a thorough review of the process. The entire infrastructure for co-ordination and control of activities needs to be improved. It is also important to realize that, in the event that the system is reviewed, it will be necessary to set out realistic expectations in keeping with the choices that Canadian society has made with respect to refugee-related issues.

On January 6, the Minister of Citizenship and Immigration released the report of the Immigration Legislative Review Advisory Group. That report raises some basic questions about immigration and the refugee determination process. The government will have some difficult decisions to make following the consultations planned in relation to the report. Considering previous results, it will face a daunting challenge in trying to develop and implement a system to meet targeted objectives.

The government will likely propose legislative amendments to change the current process. We support any such initiative and understand that this will take some time. We believe, however, that certain measures need to be taken immediately regardless of the kinds of changes ultimately made. In addition to the need for better co-ordination between the Department and the Board, particular attention should be paid to the following questions:

• international co-operation and bilateral arrangements;
• information on the identity and origins of claimants;
• sufficient numbers of experienced decision makers at the IRB;
• strategies to improve uniformity and consistency in decisions;
• implementation of a strategy for removals;
• the need for information systems that will allow for improved management and accountability with regard to all activities related to refugee claims processing.

This concludes my opening statement, Mr. Chairman. We would be pleased to answer your Committee's questions.