New data on IRB Member refugee claim grant rates for 2008 is now available online: http://www.ccrweb.ca/documents/rehaagdatamarch09.htm

The data, which was obtained from the Immigration and Refugee Board through an Access to Information Request, reveals vast disparities in refugee claim grant rates across IRB Members in 2008. According to the data, some Members very rarely granted refugee status, including Andre Lamoureux (3.6%, 55 decisions) and Roger Houde (4.4%, 92 decisions). Others granted refugee status in virtually all the cases they heard, including Marie Chevrier (99.6%, 262 decisions) and Richard Dawson (98.8%, 257 decisions).

It is important to note that some variation in grant rates is likely due to specialization by Members in particular types of cases. However, as indicated in tables that can be accessed at the above website, even when one accounts for factors such as the number of expedited claims heard, as well as the countries of origins in cases heard, large and unexplained variations persist.

The data may be of use to advocates for refugees, especially in the context of debates over the delayed implementation of the Refugee Appeal Division. It may also be of particular interest for lawyers seeking to
judicially review negative refugee determinations made by Members with extremely low grant rates.

For a discussion of the methodology used obtain and calculate the data, as well as a full analysis of the implications of similar data for a previous year, see Sean Rehaag, Troubling Patterns in Canadian Refugee
Adjudication” (2008) 39 Ottawa Law Review 335, http://osgoode.yorku.ca/osgmedia.nsf/research/rehaag_sean

*Immigration and Refugee Board Statistics for 2008*

Decisions of Refugee Protection Division

18,112 refugee claims were finalized
7,554 (42%) were positive
6,784 (37%) were negative
1,041 (6%) were declared abandoned
2,733 (15%) withdrew or were otherwise resolved

After several of years of declining numbers of claims finalized (not surprising given the government failure to fill member vacancies), 2008 saw an increase:

18,112 in 2008
13,826 in 2007
19,828 in 2006
27,212 in 2005
40,408 in 2004
42,477 in 2003

Even though numbers finalized went up, the IRB was unable to keep up with claims referred, leading to an increase in the number of claims pending at the end of the year.

Claims pending year end:

54,232 end 2008
37,513 end 2007
23,476 end 2006
20,552 end 2005
27,290 end 2004
41,575 end 2003
52,761 end 2002

The number of claims referred also grew.  There has been an increase in referrals every year since the implementation of safe third at the end of 2004.

34,800 claims referred in 2008
27,865 claims referred in 2007
22,873 claims referred in 2006
20,786 claims referred in 2005
25,750 claims referred in 2004

The acceptance rate has been going down for the last three years:

42% claims accepted in 2008
43% claims accepted in 2007
47% claims accepted in 2006
44% claims accepted in 2005
40% claims accepted in 2004
42% claims accepted in 2003

The percentage of withdrawn claims continues to climb, from 7% in 2006 to 13% in 2007 and 15% in 2008.

The percentage of hearings that end in a positive decision remains stable (i.e. not counting abandoned and withdrawn).  In 2008, claims decided at a hearing had a 53% chance of being accepted (52% in 2007,
53% in 2006, 50% in 2005, 45% in 2004).

Regional acceptance rates (as a percentage of total claims finalized) for 2008 were as follows:

Eastern region: 33% (35% in 2007, 48% in 2006)
Central region: 48% (48%, in 2007, 47% in 2006)
Western region: 41% (35% in 2007, 41% in 2006)

When we look only at claims decided at a hearing (i.e. not counting abandoned and withdrawn),  regional acceptance rates also show wide regional variance.

Eastern region: 42% (44% in 2007, 53% in 2006)
Central region: 59% (58% in 2007, 54% in 2006)
Western region: 53% (43% in 2007, 49% in 2006)

Interestingly, the Western Region shows a marked increase, now showing a higher acceptance rate than the Eastern Region.

The top 20 countries, by number of decisions finalized, were as follows (with acceptance rate for 2008, followed, for comparison purposes, by rates for 2007 and 2006):

1.                  Mexico            11% (10% in 2007, 28% in 2006)
2.                  Colombia         79% (78% in 2007, 77% in 2006)
3.                  Sri Lanka         94% (88% in 2007, 73% in 2006)
4.                  China   61% (65% in 2007, 49% in 2006)
5.                  Haiti    41% (49% in 2007, 53% in 2006)
6.                  India    25% (12% in 2007, 35% in 2006)
7.                  Nigeria            55% (44% in 2007, 40% in 2006)
8.                  USA    2% (5% in 2007, 3% in 2006)
9.                  Pakistan           50% (49% in 2007, 46% in 2006)
10.              Burundi 72% (82% in 2007, 82% in 2006)
11.              Afghanistan 82% (69% in 2007, 82% in 2006)
12.              Zimbabwe       72% (67% in 2007, 65% in 2006)
13.              St.Vincent       36% (27% in 2007, 36% in 2006)
14.              Congo, DR 63% (63% in 2007, 63% in 2006)
15.              Israel   6% (17% in 2007, 18% in 2006)
16.              Somalia           74% (81% in 2007, 69% in 2006)
17.              Czech Republic           43%  (only 1 finalization in 2007)
18.              Lebanon          38% (28% in 2007, 46% in 2006)
19.              Rwanda           79% (78% in 2007, 71% in 2006)
20.              El Salvador     52%  (42% in 2007, 33% in 2006)

Note that the top country, Mexico, by itself makes up 31% of the claims finalized in 2008 (up from 26% in 2007).  The next three biggest countries, Colombia, Sri Lanka and China, make up 9%, 6% and 5% respectively.

Processing of Haitian claims continues to be particularly slow.  At the end of 2007, there were 4,181 Haitian claims pending, yet in the whole of 2008 only 755 Haitian claims were finalized (representing just 18% of the number pending at end 2007).  In contrast, 8,243 Mexican claims were pending end 2007: in 2008, 5,654 Mexican claims were finalized (69% of the number pending end 2007).  The equivalent percentage for Colombian claims was 50%.  In 2007, Haitian claims were also at the bottom of processing rates for top 10 countries..

These statistics are prepared by CCR for its members from data provided by IRB.  Please use for internal purposes only.  Any media inquiries about statistics should be referred to the IRB.