Refugee board members’ rulings varied widely in 2014, data suggests

Good and necessary analysis and wonder if the IRB uses this data as a quality control measure. There may be valid reasons for variation, and the sample sizes are relatively small, but generally variation on this scale suggests “automatic thinking” and biases may be playing a role.

The good news is that under the new system and a better selection process for judges, the variation appears to be decreasing:

The data show many decisions by adjudicators fall far below the average rate of acceptance that would be expected based on country of origin, and others far above. And that’s the case in both the old, or “legacy,” system and the new system, which is supposed to be more fair.

As examples, Rehaag pointed to some judges least likely to grant refugee status:

In the legacy system, Edward Robinson (2 claims granted out of 65 total decisions, or 3.1 per cent) and David McBean (1 out of 21 decisions, or 4.8 per cent).

In the new system, Teresa Maziarz (15 of 53 decisions, 28.3 per cent) and Brenda Lloyd (25 of 64 decisions, 39 per cent).

He also pointed to others on the other end of the scale, who granted refugee status in most of the cases they heard:

In the legacy system, Barry Barnes (59 of 77 decisions, 76.6 per cent) and Kevin Fainbloom (53 of 75 decisions, 70.7 per cent).

In the new system Nina Stanwick (35 of 38 decisions, 92.1 per cent) and Rabin Tiwari (104 of 117 decisions, 88.9 per cent).

In a written response, a spokesperson for the IRB noted there are many factors that can cause variations in acceptance rates.

“Each refugee protection claim is unique and is determined by members on its individual merit,” Melissa Anderson wrote.

Anderson cited as factors the region or city in which claimants lived, their ethnicity or nationality, their gender, whether they spent time in a third country without making a refugee claim before coming to Canada, and the evidence they or their lawyer presents to the refugee protection division.

Analysis of data on Immigration and Refugee Board decisions shows a wide variance in outcomes depending on who is hearing a case.

She also noted that the credibility of the claimant can be a key factor in the decision.

Still, immigration lawyers who regularly appear before the board say those factors don’t explain the extreme discrepancies among some decision-makers.

Immigration lawyer Lorne Waldman says he’s always worried if he has to argue a case before certain judges.

Waldman added, that while there is still inconsistency among adjudicators in the new system, he believes the variation is “less extreme” for cases post-2012.

He attributes the change to a new selection process for board members that includes people from outside the IRB.

Refugee board members’ rulings varied widely in 2014, data suggests – Politics – CBC News.