Canada faces a massive and growing number of asylum applications, with 250,000 cases currently under review—three times the 2019 level. Processing this volume without accepting new applications would take nearly three years, an unrealistic scenario given the current pace and resources. Moreover, the number of asylum seekers is expected to rise significantly, especially if Donald Trump returns to power in the U.S., increasing the flow of migrants to the Canadian border.
Reducing the 2025 immigration quota from 500,000 to 395,000, along with fewer temporary workers and international students, may free up resources for processing asylum applications.
The problem of system bifurcation
Despite these opportunities, the main challenge lies in the structural division of responsibilities:
- Immigration officers work under the Immigration, Refugees, and Citizenship Canada (IRCC) department.
- Refugee applications, however, are processed by the Immigration and Refugee Board (IRB).
The IRB was established in 1989 in response to the Supreme Court of Canada's decision in the Singh case (1985), which mandated oral hearings before an impartial judge for denied applicants. As a result, all asylum seekers are required to undergo oral hearings, and the IRB manages this process.
While oral hearings aim to ensure fairness, they impose a significant burden on the system:
- Volume of applications: The IRB was not initially designed to handle such a large caseload.
- Bogus claims: In 2023, 79% of cases were deemed valid, yet all applications, including clearly unfounded ones, go through the full hearing cycle.
- Resource shortages: A lack of judges and infrastructure results in delays spanning several years, allowing unfounded applicants to remain in the country and eventually find grounds for legalization (e.g., marriage, childbirth).
Behind the scenes, various options are being discussed, including transferring the primary review of asylum applications to IRCC officers—an agency with over 13,000 staff members capable of handling large application volumes.
How would it work?
- Initial interviews and decisions: IRCC officers would conduct interviews and make decisions on granting refugee status, significantly expediting the process for clearly valid cases.
- Automatic right of appeal: Applicants denied at the initial stage could appeal the decision to the IRB, preserving the fairness principle established by the Supreme Court.
Advantages of the proposed approach:
- Reduced delays: A larger, more flexible IRCC workforce would speed up application processing.
- Focus on valid cases: Processes would become more efficient, as clearly valid claims wouldn't be lost in the broader backlog.
- Relief for the IRB: The IRB could focus on appeals and complex cases, returning to its primary role.
Canada's refugee application system is effectively broken. Delays in tribunals create situations where even valid cases languish for years, while unfounded claims exploit systemic weaknesses.
Transferring the primary processing of applications from the IRB to IRCC officers would create a more efficient and responsive system, addressing contemporary challenges while preserving applicants' rights. This reallocation of resources would not only help eliminate the current backlog but also prepare Canada for an increase in asylum seekers in the future.
Oleksandra Melnykova, Immigration and Refugee Consultant in Canada.
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