Policy no. 2005-01
Effective Date: March 14, 2005
FAST TRACK POLICY:
HEARINGS 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: Hearings Process (HP), and the Fast Track Policy: Expedited Process (EP). 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 HP policy establishes a framework that governs the process to identify and deal quickly and fairly with simple claims that require a hearing.
The objective of the HP is to establish, at an early stage, a means to identify and process simple claims 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); and
- process integrity (transparency of process and issuance of well-founded, reasoned decisions).
The expected results include having simple 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 a hearing within the following six to eight weeks, and issuing a decision within seven days after the hearing.
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 claims to the normal straightforward process. Countries and claim types that do not fall under the FTP may still be streamed for a straightforward hearing.
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).
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 HP 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 simple claims and making determinations of these claims simply, quickly and fairly.
4. Context
Subsection 162(2) of the Immigration and Refugee Protection Act directs that each division of the IRB "shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit."
Since 2002 the RPD has been streaming claims into the expedited, straightforward, regular and complex streams to appropriately allocate resources and reduce hearing times. This policy builds on that experience to now match preparation and scheduling timeframes to the relative complexity of a claim.
5. Definitions
For the purposes of this policy:
“Simple claim” is a claim in which one or two issues, apart from the claimant's credibility, appear to be determinative of the claim. The hearing of a simple claim can usually be concluded within two hours. The preliminary identification of a claim's issues is found in the RPD File Screening Form provided to parties in accordance with the Chairperson's Guideline 7, Concerning Preparation And Conduct Of A Hearing In The Refugee Protection Division.
6. Policy Statement
The HP 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 that appear to be simple in nature and can be fairly determined without the allocation of extensive resources or lengthy time periods to conclude them.
The process is driven by the RPD's direction on streaming to regional and district offices. The policy respects the principles of fairness and natural justice. Specifically, the RPD ensures through its case processing that the amount of time allotted to the pre-hearing preparation of a claim, both by the RPD and the claimant, corresponds to the substantive complexity of the claim.
The assignment of a claim to the HP 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 or reject a claim based solely on the merits of the individual claim.
The RPD is committed to this policy based on the following key elements.
6.1 Case assignment:
The RPD will determine which claim types are suitable to be assigned to the HP, relying on its knowledge of country conditions and claim types, and its experience in how claims are decided in a hearing.
Assigning claims to the HP is carried out by dedicated resources in each regional or district office, 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 HP. 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 HP. However, the RPD will still decide whether a claim suggested for the HP is suitable under the HP.
Where an individual claim appears to be suitable for the HP, that claim will be assigned to the HP unless the Minister intervenes on exclusion issues or the claim raises issues that require notifying the Minister.
6.2 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.
6.3 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).
- An RPO will not be scheduled for the hearing.
- Where the Minister intervenes on issues other than exclusion and does not intend to attend the hearing, and the evidence on which the Minister relies does not substantively increase the complexity of the claim, the RPD may decide to proceed on the originally fixed date.
- Where a claimant is under eighteen years of age, the RPD shall appoint a designated representative for that claimant prior to the date of the hearing.
6.4 Finalization:
Subject to operational considerations, the RPD shall finalize claims processed pursuant to the HP as follows:
- Reasons will normally be delivered orally at the conclusion of the hearing.
- Reasons must be issued to the parties in writing for all negative decisions and all positive decisions. If reasons are delivered orally, they must be transcribed into writing and issued to the parties, just as with reserved reasons.
- Notices of decision of claims determined in the HP shall not be sent to the parties without written reasons attached.
- HP claims should be finalized no later than one week following the hearing.
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 HP 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 HP 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 the HP, as required.
Related procedural guidelines are contained in Chapter 11 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 Section
Operations Branch
Canada Building (Minto Place)
344 Slater Street, 14th Floor
Ottawa, Ontario K1A 0K1
Fax: (613) 952-9083