Section 1: Institutional Gender-based Analysis Plus governance and capacity
Governance
The Immigration and Refugee Board of Canada (IRB or the Board) is an independent administrative tribunal responsible for making well‑reasoned decisions on immigration and refugee matters, efficiently, fairly and in accordance with the law.
The
IRB is not responsible for developing public policy relating to refugee and immigration matters, as this falls under the mandates of Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency. However, when consulted by the government on the impact that proposed government policies may have on the
IRB's work, the Board includes Gender-based Analysis Plus (GBA Plus) considerations in its input, as appropriate.
Capacity
The
IRB can establish operational policy instruments to complement the guidance provided by the Board's enabling legislation, the
Immigration and Refugee Protection Act, that are intended for use internally by
IRB decision‑makers and support personnel. This includes documents such as the Chairperson's
Guideline 4: Gender Considerations in Proceedings Before the Immigration and Refugee Board and the Chairperson's
Guideline 9: Proceedings Before the Immigration and Refugee Board Involving Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC).
GBA Plus is used during the development, monitoring, and review of these internal policy instruments.
A revised Chairperson's Guideline 4 was published on July 18, 2022, and provides updated support for the adjudication of cases involving gender-related issues and expands application to include the Immigration Division and Immigration Appeal Division. To ensure high-quality adjudicative decision-making across all four divisions, the guidelines were modernized to reflect developments in the jurisprudence and in the social sciences regarding gender-related issues and the impact of trauma.
To further strengthen decision-making and the Board's ongoing efforts to ensure that
SOGIESC individuals appearing before it are consistently treated with sensitivity and receive fair hearings and decisions of high quality, the
IRB implemented recommendations from the review of the Chairperson's Guideline 9.
An ongoing review, which began in fiscal year 2021 to 2022, of Chairperson's
Guideline 3: Child Refugee Claimants: Procedural and Evidentiary Issues and Chairperson's
Guideline 8: Procedures with Respect to Vulnerable Persons Appearing Before the
IRB continued in 2022 to 2023. The review sought to modernize guidance towards the adjudication of proceedings at the
IRB involving minors and for individuals identified as vulnerable persons for reasons including gender, sexual orientation, gender identity and expression and sex characteristics, as well as age, and mental or physical disabilities. The updated guidelines were issued in the second quarter of fiscal year 2023 to 2024.
Section 2: Gender and diversity impacts, by program
Core responsibility: Adjudication of immigration and refugee cases
Program name:
- Admissibility and Detention Decisions
- Immigration Appeal Decisions
- Refugee Appeal Decisions
- Refugee Protection Decisions
- Internal Services
Program goals for Admissibility and Detention Decisions, Immigration Appeal Decisions, Refugee Appeal Decisions, and Refugee Protection Decisions:
The Board has adjudicative independence and its decision-making function is to make decisions on a case-by-case basis. The Board does apply a gender-based analysis plus lens to its programs as per Chairperson's
Guideline 4: Gender Considerations in Proceedings Before the Immigration and Refugee Board and
Guideline 9: Proceedings before the
IRB Involving Sexual Orientation, Gender Identity and Expression, and Sex Characteristics.
Program goals for Internal Services: The
IRB's internal services goal is to become more inclusive and to reduce systemic bias by understanding the diverse needs of all employees, including members, and those appearing before the Board, regardless of sex, gender, or identity.
Target population:
- Admissibility and Detention Decisions: foreign nationals and permanent residents
- Immigration Appeal Decisions: immigration appellants
- Refugee Appeal Decisions: refugee appellants
- Refugee Protection Decisions: refugee claimants
- Internal Services: Board members and
IRB personnel
GBA Plus data collection plan
A
GBA Plus policy statement, which demonstrates the Board's commitment to
GBA Plus and relevant data collection, was published in March 2022.