Youssif: Canada has a hidden asylum-policy problem

Another example of a broken system?

…As I document in a new study for the C.D. Howe Institute, this policy is problematic. Not all asylum claims are truthful, and documents may be forged. But this is impossible to detect without asking questions. The asylum hearing also serves as a screen for national security and program integrity risk, and must be halted if red flags emerge during questioning to allow the relevant minister to be notified. That mechanism cannot be engaged if claimants are never questioned.

More broadly, the IRB’s recognition rate for asylum claims has climbed to 80 per cent of claims decided on their merits, excluding files summarily closed where the claim was withdrawn or abandoned. In comparison, in 2024 Ireland accepted 30 per cent of claims on the merits, Sweden 40 per cent, and Germany 59 per cent. Research suggests that acceptance rates are a significant factor in asylum seekers’ choice of a destination country.

It is difficult to isolate the effect of any single policy change on the level of new claims, given multiple factors such as rising global migration pressures and changes to temporary immigration policies. That said, it is worth noting that the number of new asylum claims in Canada has increased since the IRB began rapidly accepting claims. A backlog of 17,000 claims in 2016 has grown to nearly 300,000 in 2025. Policies such as File Review, intended to reduce the backlog, have not only failed to do so, but may have reinforced perceptions of speed, success, and reduced scrutiny, signalling to the world that Canada’s asylum system is easy.

How was it possible for an adjudicative tribunal to implement a policy that dispenses with the act of adjudication?

Perhaps part of the answer is that the institution cannot be seen clearly. Its unique status and structure have rendered it opaque to the rest of government, which otherwise might have corrected an overreach. It may be time to rethink this model and consider options that provide ministers and cabinet with direct visibility and policy oversight, while preserving fair and independent adjudication.

James Yousif is a lawyer, former director of policy at IRCC and former member of the Immigration and Refugee Board of Canada (IRB).

Source: Canada has a hidden asylum-policy problem