- Consideration should be given to using a file-sharing portal where the E-file can be shared with the parties to the appeal in advance of the hearing. (2.1)
| Yes | The IRB’s Digital Plan includes the development of a platform whereby documents can be shared with all parties in an appeal. The implementation of this recommendation will be dependent on the delivery of the platform since e-files cannot be shared via email due to file size limitations. | CITO | To be determined based on delivery of dependencies. |
- E-Files should be made available in all matters proceeding to a hearing. (2.1)
| Yes | Current procedures require an e-file, which are PDFs of all electronic documents in a single file, be created for all hearings. A reminder will be sent to Registry Services to ensure compliance with this expectation. | Tribunal Support Services Directorate (ORSB) | Completed |
- Although the performance in this area met expectations, to maintain those skills, members should continue to receive training on active adjudication, dealing with self-represented appellants and ensuring efficiency of hearings. (2.2)
| Yes | Extensive training has already been provided to members. The results attest to its success. Refresher training will continue to be provided on an as-needed basis. | IAD | Completed |
- The IAD should consider offering appellants the opportunity to provide brief written overviews of their grounds of appeal. (2.2)
| Yes | The IAD will further consider this recommendation and assess its effectiveness in enabling a more focused and efficient hearing, including consultation with internal and external stakeholders. | IAD | March 31, 2024 |
- Members should always frame the issues at the outset of a hearing, even where the appellant is represented by counsel or an immigration consultant. (2.3)
| Yes | This will be covered at an upcoming professional development session. | IAD | March 31, 2024 |
- The IAD should allocate more time for the hearing of sponsorship appeals about spousal or common-law partnerships and consider whether the hearing of such appeals could be streamlined, perhaps by the preparation of written witness statements in advance of the hearing. (2.3)
| Yes | The IAD will review its streaming approach of certain cases, however increasing the time allotted to sponsorship appeals would impact productivity. Rule 55(1)(b) (a new requirement added to the IAD Rules in January 2023) requires a brief statement of the purpose and substance of witness’s testimony. | IAD | March 31, 2024 |
- Although the performance in this area met expectations, members should continue to receive training on their statutory mandate and the importance of writing reasons on determinative issues based on evidence adduced at hearings. (2.4)
| Yes | Extensive training in this area has already been provided to members, including during and subsequent to the evaluation period of this report. The results attest to its success. Refresher training will continue to be provided on an as-needed basis. Training on statutory mandate is ongoing. | IAD | Completed |
- Members should continue to receive training on the following:
- making findings of fact supported by credible, trustworthy evidence in the record.
- cultural competence
- best practices in administrative decision-making, including writing for the losing side (as further developed in the next section) (2.5)
| Yes | Training in this area has already been provided to members and is ongoing through case law analysis at professional development sessions. | IAD
Legal services | Completed |
- Training modules should be developed on the importance of making factual findings when an evaluative judgement is required by the Member – for example of reasonableness in the context of a permanent residency appeal. IAD leaders should also highlight, in continuing professional development seminars, decisions where the Member has done a particularly good job of linking factual findings to evidence. (2.5)
| Yes | Training in this area has already been provided to members and is ongoing through case law analysis at professional development sessions. The last part of the recommendation is the same as in recommendation #12 and has been accepted. | IAD
Legal services | March 31, 2024 |
- Continue training on high-quality decision writing, with an emphasis on plain language expression, point-first writing, issue-based analysis and writing for the losing side. (2.6)
| Yes | Extensive training in this area has already been provided to members and incorporated into new member training. The results attest to its success. Refresher training will continue to be provided on an as needed basis | IAD | Completed |
- Develop training modules on the advantages and disadvantages of rendering oral decisions. (2.6)
| Yes | Training on best practices to deliver oral reasons will be developed and delivered to members together with recommendation #13. | IAD
Legal Services | June 30, 2024 |
- At continuing professional development seminars, choose several decisions illustrative of best practices to provide benchmarks for Members in their own decision writing. (2.6)
| Yes | The IAD will develop a process to identify decisions that illustrate best practices in decision writing. | IAD
Legal services | March 31, 2024 |
- Consider the development of an ‘oral reasons policy’ which would support Members in organizing oral decisions to conform to best decision-writing practices. (2.6)
| Yes, partially | The IAD will develop training on best practices to support members in delivering well-organized oral decisions (see #11) and in determining when it may be appropriate to deliver oral decisions. The IAD disagrees a formal policy is necessary to achieve this outcome. | IAD
Legal Services | June 30, 2024 |