Policy no. 2003-04

Effective Date: October 26, 1998
Re-issued: June 19, 2003

THE TREATMENT OF
UNSOLICITED INFORMATION
IN THE
REFUGEE PROTECTION DIVISION

1.  Purpose

This policy governs the treatment and use of unsolicited information that the Immigration and Refugee Board (IRB) receives in respect of proceedings in the Refugee Protection Division (RPD).

2.  Application

This policy replaces any documents or portions of documents, previously issued by the IRB, that give guidance on the Refugee Protection Division's treatment and use of unsolicited information.

This policy, which became effective October 26, 1998, is re-issued with consequential amendments to bring it in line with the terminology and section references in the Immigration and Refugee Protection Act and Refugee Protection Division Rules. It replaces the former policy (The Treatment of Unsolicited Information in the Convention Refugee Determination Division # 1998-01).

3.  Context

From time to time, the IRB receives unsolicited information in respect of RPD proceedings. It is important that the IRB, as an independent tribunal adjudicating the merits of a claim for refugee protection, not take on an active investigative role with respect to unsolicited information received from anonymous sources or from informants who are unwilling or unable to appear as witnesses at the hearing of the claim.

However, all relevant evidence should be made available to decision-makers of the RPD. Unsolicited information may be taken into consideration in a refugee protection hearing, provided that it can adequately be tested. This policy ensures that unsolicited information received by the IRB enters the decision-making process of the RPD only if it can adequately be tested. The Refugee Protection Division's use of unsolicited information, subject to this policy, is in keeping with the concept of refugee protection determination as a process of inquiry.

4.  Definitions

For the purposes of this policy:

"potential evidence" means information, oral or in some tangible form, that may be disclosed by the RPD in accordance with the RPD rules. Subject to its admissibility and probative value as determined by the RPD member in the exercise of his or her discretion, this information may be used in the determination of a claim for refugee protection.

"unsolicited information" means information: 1) provided by persons not party to the proceedings before the RPD; and 2) not requested by officials of the IRB, representatives of the Minister, a claimant, or a claimant's representative. Unsolicited information may be received orally or in some tangible form such as a letter, photograph, e-mail message, or media report.

5.  Policy Statement

The Refugee Protection Division treats unsolicited information as potential evidence when

• the information concerns an identifiable claim that has not been finalised;
• the information originates from an identifiable informant; and
• the informant agrees to disclosure of the information and to appear as a witness if subsequently requested.

For further clarity, for the purpose of providing notice under Refugee Protection Division rules 23 and 24, information relating to a claimant's potential exclusion, inadmissibility, ineligibility or outstanding charge for an offence that may be punishable by a term of ten years, is not considered potential evidence unless it meets the pre-conditions noted above.

The RPD also treats unsolicited media reports, submitted anonymously or by known sources, as potential evidence, provided that

• such reports concern an identifiable claim that has not been finalised; and
• such reports can readily be authenticated before the hearing date.

The Refugee Protection Division's retention and processing of unsolicited information as potential evidence does not constitute an opinion as to its admissibility, relevance, credibility, or weight. All parties and the Refugee Protection Officer (RPO) in a given case will have an opportunity to address the panel on these issues during the course of the proceedings.

When unsolicited information cannot be treated as potential evidence, the IRB does not retain any copy or record of such information. Any IRB record concerning the unsolicited information is transferred to Citizenship and Immigration Canada (CIC), and

• the information in tangible form is transferred to CIC; and / or
• the person seeking to provide such information orally is referred to the appropriate CIC office.

The information transferred to CIC is accompanied by a statement of the claimant's name, IRB file number, and CIC identification number, if known. When the unsolicited information relates to a case yet to be heard, the communication to CIC will indicate the scheduled hearing date. For record management purposes, a minimal document profile is maintained by the IRB.

CIC, which has an investigative capacity and mandate that the RPD does not, may choose to investigate further or to intervene in any particular case. Should the Minister decide to intervene, the Minister may submit any information to the Refugee Protection Division, whether solicited or unsolicited. The Minister shall disclose such information in evidence to all parties in accordance with the Refugee Protection Division Rules and provisions for Minister's information in the Instructions for the Acquisition and Disclosure of Information for Proceedings in the Refugee Division.

6.  Implementation

Related procedural guidelines are contained in Chapter 10 of the Refugee Protection Division Case Management Manual.

7.  Monitoring

Ongoing monitoring and evaluation of this policy will be carried out under the direction of the Refugee Protection Division's Operations Committee, with the support of Regional Executive Committees and the Policy, Planning and Research Branch.

8.  References

8.1  Relevant legislation

Immigration and Refugee Protection Act section 165 and subsections 170 (e), 170 (g), 170 (h)

Refugee Protection Division Rules, rules 23,24, 29, 30

This policy has been developed in accordance with the Access to Information and Privacy Act, as well as other relevant federal records legislation.

8.2   IRB documents

Instructions Governing the Acquisition and Disclosure of Information for Proceedings in the Refugee Division (Chapter 1, Appendix 1D, CRDD Handbook - March 31, 1999)

9.  Enquiries

For information contact:

Chief, Policy, Development and Coordination Section
Policy, Planning and Research Branch
Canada Building (Minto Place)
344 Slater Street, 14 ^th Floor
Ottawa, Ontario K1A 0K1
Fax: (613) 952-9083