CIMM — Immigration and Refugee Board (IRB) - Refugee Claims from Afghanistan – February 15 & 17, 2022

Key Messages

• The Immigration and Refugee Board of Canada (IRB) is the administrative tribunal responsible for determining whether an individual who claims asylum in Canada has a well-founded fear of persecution and should receive Canada’s protection as a refugee.
• The IRB does not deal with refugee protection claims that are made by individuals who are outside of Canada.
• In August of 2021, the IRB prioritized all pending refugee claims from Afghanistan. Since then, some 75% of claims (273 claims) pending at that time have been decided. More than 90% of those claims have been accepted. The vast majority of the remaining cases are currently scheduled for a hearing.
• Since August 2021, the IRB has received approximately 350 new refugee claims, which are being finalized as quickly as considerations of natural justice will allow.
• Decisions are made by independent adjudicators, based on the facts presented in an individual case, and in accordance with Canada’s immigration laws.

Supplementary Messages

Is the IRB prioritizing refugee claims for Afghanistan?

• Under the Immigration and Refugee Protection Act, scheduling of files is informed by principles of fairness, efficiency, integrity, and institutional independence.
• The IRB has identified claims for Afghanistan for triage as part of its Task Force on Less Complex Claims. This means that the IRB is examining these claims, based on country conditions, to see if they can be resolved without a hearing or through a shorter hearing, if there are only one or two key determinative issues to be resolved. No claim is denied without a hearing. 
• If there are more complicated questions of credibility or identity, then such cases will not be addressed as a less complex claim.