CIMM – Irregular Border Crossers– November 18, 2022
Key Messages
Since 2017, approximately 69,500 claims by refugee claimants who have entered Canada between official ports of entry (also known as irregular border crossers) have been referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (Board or IRB).
Of the 69,500 claims, 74% have been finalized across the asylum continuum (including recourse at the Refugee Appeal Division (RAD)), representing about one third (31%) of total intake between January 2017 and September 2022.
The Board schedules proceedings for these claims based on the public policy objectives of fairness, efficiency, public safety, and program integrity as per the Immigration and Refugee Protection Act (IRPA).
The Board uses a strategic case management approach to schedule its cases, focusing for example on older and less complex claims, which allows it to finalize a significant number of irregular border crosser claims annually.
Supplementary Messages
Processing Irregular Border Crosser Claims
The approximately 18,000 remaining cases in inventory comprise approximately 27% of all pending cases (67,700 across the RPD and the RAD).
The IRB will continue to finalize claims and appeals made by irregular border crossers in accordance with its first-in, first-out strategic case management approach.
Addressing Surge Planning for Irregular Border Crosser Claims
The IRB has put in place plans to address a surge of irregular border claims while taking into consideration the eligibility inventory of Immigration, Refugees, and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA).
The Board has identified the top irregular border crossers’ countries and has updated its research products; enhanced related training programs and tools on those countries; built up member specialist capacity; and is recruiting interpreters in those languages.
The IRB has also shifted to a paperless environment with virtual hearings, making it more agile in transferring files and building specialist capacity anywhere in the country.
Supporting Facts And Figures
Status of irregular border crosser claims processing
90% of irregular border crosser claims received before the reopening of the border in the fall 2021 have been finalized.
54,500 irregular claims have been processed at the RPD, which represents 78% of the total irregular claims referred to the RPD.
50,000 are considered finalized across the asylum continuum.
14,400 have had their appeals processed at the RAD.
1,100 are pending a decision at the RAD.
From January 2022 to September 2022 inclusively, 7,550 irregular border crosser claims have been finalized, 3,960 (or 52%) of these claims were accepted across the asylum continuum (compared to 70% acceptance for non- irregular border crosser claims finalized across the asylum continuum during the same period).
A breakdown of the acceptance rates for irregular border crossers is as follows:
3,230 (43%) accepted at first determination; and
720 (9%) accepted after seeking recourse at the RAD.
Less than 0.1% (representing less than 10 claims) accepted following a return from the Federal Court.
A breakdown of acceptance rates for non-irregular border crossers is as follows:
16,340 (62%) accepted at first determination; and,
1,970 (8%) accepted after seeking recourse at the RAD.
Less than 0.1% (representing less than 10 claims) accepted following a return from the Federal Court.
Since the reopening of the border in the fall of 2021, irregular border crosser intake has slowly increased and represents 33% of intake since the beginning of the fiscal year. While the RPD inventory as of October 1, 2022, is composed of 27% of irregular border crossers, this proportion is expected to increase, as 55% (approximately 13,300) of IRCC/CBSA eligibility decision inventory as of October 1, 2022, were irregular border crosser claims.
The top five countries (Nigeria, Haiti, Colombia, Türkiye, Pakistan) have represented approximately 41,000 claims (over 59%) of all irregular border crosser intake to date, and these countries are expected to remain in the top five or 10 or irregular border claims at the Board.
Background
Overview of Processing Claims at the IRB from Irregular Border Crossers
Since 2017, the IRB experienced an influx of approximately 69,500 refugee claimants crossing the Canada-United States border between ports of entry (irregular border crossings), with an additional 13,000 awaiting a decision on their eligibility before being referred. Like other refugee protection claimants, irregular border crossers are referred to the IRB’s RPD after IRCC or the CBSA makes a determination of their eligibility.
The IRB remains committed to administering an efficient asylum determination system that is impartial and just, while remaining responsive to the evolving environment and operating context.
The IRB schedules proceedings based on operational and legislative requirements and the principles of natural justice, as well as the principles of fairness, efficiency, public safety and program integrity articulated in the IRPA.
In general, the following claims are prioritized for scheduling by the RPD:
Older claims are scheduled and heard before more recent claims.
Claims identified in Chairperson Guideline 6: Scheduling including those involving unaccompanied minors, detainees, and vulnerable persons.
Claims identified as less complex.
The RPD is also able to balance these priorities with other case management objectives to meet its obligations under IRPA. In 2018, the Board adopted a strategic case management approach to prioritize the processing of irregular border crosser claims in proportion to the inventory to address potential pull factors contributing to the influx of irregular border crossers.
Since 2020, the Board has shifted to processing oldest and less complex claims first, many of which are irregular border crosser claims. This approach allows the Board to process a significant number of irregular border crosser claims annually while upholding program integrity and efficiency.
