Tabling of Reform Legislation

Today, the Minister of Citizenship, Immigration and Multiculturalism Jason Kenney tabled Bill C-11, the Balanced Refugee Reform Act, in the House of Commons. The Minister indicated that the legislation “will improve Canada’s asylum system, deliver quicker decisions on refugee claims and provide faster protection for those in need.”

While the proposed legislation includes changes to the entire continuum of refugee determination in Canada from port of entry to successful claims or removal, the following items would directly affect the IRB.

An information-gathering interview would be conducted by a public servant at the IRB within 8 days of referral. At this interview a hearing will be scheduled within 60 days to be conducted by an RPD public servant decision-maker.

If a refugee claim is denied by the RPD, most claimants would have access to an appeal process at the new Refugee Appeal Division (RAD) staffed by Governor in Council appointees at the IRB. In the event that a negative RPD decision is upheld on appeal, appellants would be able to seek leave for judicial review of the appeal decision from the Federal Court.

The Bill permits the Minister to designate by order a country or part of a country or a class of nationals, if they meet criteria established by the IRPA regulations. A refugee claimant from a place or class so designated would not have access to an appeal at the IRB’s RAD, but would be able to seek leave for judicial review of a negative RPD decision from the Federal Court.

There will be a one year bar on Pre-removal Risk Assessment (PRRA) and requests for humanitarian and compassionate consideration (H&C) from the last IRB decision.

The draft legislation provides that it will come into force no later than two years from the date the Bill receives Royal Assent.

These proposed legislative changes validate the critical role played by the IRB and this Bill serves to reaffirm the importance of a tribunal at arms’ length from government with independence of decision-making.

Brian Goodman
Chairperson 

Simon Coakeley
Executive Director