Canada’s immigration department is undergoing major changes

Good overview of the report and departmental plans. Of course, like all reorganizations, these take time before any benefits can be seen:

Last week, Canada’s immigration department implemented major changes that have been influenced by a recent study it commissioned.

The purpose of the changes is to improve the operations of Immigration, Refugees and Citizenship Canada (IRCC).

Earlier this year, IRCC received a report from one of its previous Deputy Ministers, Neil Yeates, on how IRCC can become a more effective and efficient department. Yeates’ report was commissioned by IRCC to evaluate whether the department’s current structure best enables it to achieve its mandate. The Deputy Minister is the senior-most civil servant in a government department. Serving in a non-political role, they oversee the management of their department, including implementation of policies and strategies and managing people and budgets.

IRCC’s current Deputy Minister, Christiane Fox, corresponds with the department’s minister, who is a politician, and is currently Immigration Minister Marc Miller. The Immigration Minister’s role is to implement the elected mandate of the government.

Yeates: IRCC’s organizational model is broken

In his report, which CIC News has been able to obtain a copy of, Yeates concludes “the current organizational model at IRCC is broken but is being held together by the hard work and dedication of staff.”

He recommends “a series of steps need to be taken to realign the organizational structure (including a major shift to a business line-based structure), reform the governance system, implement stronger management systems (especially planning and reporting) and facilitate the development of a culture to better support the department’s goals and objectives (including consideration of an overall review of the Immigration and Refugee Protection Act and measures to better leverage the experience and expertise of diverse staff groups).”

Yeates explains there are numerous reasons why IRCC’s current model is broken, but highlights two that stand out in particular: a difficult operating environment in Canada and globally; and secondly, IRCC has grown exponentially since its current organizational structure was introduced over 20 years ago. To highlight this point, Yeates notes IRCC’s total workforce has grown from 5,352 employees in March 2023 to 12,949 employees as of January 2023.

Fox: IRCC “felt like crisis”

In an interview last week with journalist Paul Wells, Fox, stated the Yeates report will influence significant changes the department plans to pursue. Upon assuming her role at IRCC in July 2022, Fox explained to Wells the new job “felt like crisis” and that her colleagues at the department were under duress and exhausted. She concluded that departmental changes were necessary, and while she didn’t want to make them immediately, she also didn’t want to wait two years.

In June 2023, Fox had a plan of action after receiving the Yeates report and consulting with public stakeholders including IRCC applicants. Since then, she has been gradually rolling out the changes.

IRCC reorganized to business-line model

Among the changes is that last week, the department was re-organized across the following sectors:

  • Asylum and Refugees Resettlement
  • Citizenship and Passport
  • Chief Financial Officer
  • Chief Information Officer
  • Client Service, Innovation, and Chief Digital Officer
  • Communications
  • Corporate Services
  • Economic, Family, and Social Migration
  • International Affairs and Crisis Response
  • Migration Integrity
  • Service Delivery
  • Settlement Integration and Francophone Affairs
  • Strategic Policy

Fox explains that, as was recommended by Yeates, the department is now being organized across lines of business. What this means is IRCC employees will be divided across the various clients that the department services, as well as divided in a way to be response to changes around the world. For example, the department has a new International Affairs and Crisis Response sector, which Fox noted to Wells is meant to help IRCC better plan for humanitarian crises and shape a plan of action. IRCC routinely deal with these, such as with Ukraine since last year, and recent Afghanistan and Syrian refugee resettlement initiatives, just to name a few examples.

Fox also stresses the importance of IRCC taking more of a client focus moving forward whereby the department incorporates the experiences of its applicants more strongly into the decisions it makes.

IRCC’s operating environment

Yeates elaborates on the various forces impacting IRCC, the main ones being:

Hybrid Work Environment and COVID-19: The nature of work appears to be changing permanently due to the pandemic, and as such, more workers, including IRCC employees, are working remotely, with a general direction to return to the office 2-3 days per week. Yeates explains while work-from-home has been effective, it remains to be seen what the impacts will be on IRCC’s organizational culture.

Demand for IRCC Services: Demand for IRCC’s programs often exceeds the department’s processing capacity as measured by its service standards (the goals the department sets for itself to process applications for each line of business). Although IRCC has tools and resources at its disposal to manage its inventory, such as caps for certain programs, its inventories can grow very quickly whenever demand for its programs exceeds its processing capacity.

Growth of IRCC: As demand for IRCC’s program has grown, so too has its workforce. Yeates characterizes its workforce as “medium sized” in 2013, with 5,217 non-executive staff, which has more than doubled by 2023 to 12,721 staff. Executives at the department have grown from 135 employees in 2013 to 227 today. However, despite the program and staff growth, the organizational structure at IRCC, which was designed for a smaller department, has largely remained the same.

Immigration Policy Review: The dominant immigration narrative in Canada has not generally been challenged, and that the actual impact of immigration is not generally well documented. As such, an immigration policy review at IRCC may be beneficial in helping IRCC shape the department’s future direction.

Digital Transformation: IRCC has received significant funding for its Digital Platform Modernization, and such transformations are always challenging, particularly at a place like IRCC which has many significant responsibilities. However there is little doubt that IRCC needs to become a fully digital department.

Global Uncertainty: Global armed conflicts are on the rise, democracy is under threat, and factors such as climate change are impacting global demand to migrate, which will continue to have a significant impact on IRCC.

IRCC departmental culture is “committed”

While stressing the purpose of his report is not to be critical, Yeates observes IRCC currently has limited department-wide planning, lacks a multi-year strategic plan, and planning across the department is inconsistent, all of which pose a variety of challenges such as the inability to achieve the department’s goals and lack of accountability among staff.

IRCC staff described the departmental culture as “committed, collaborative, and supportive”, which has helped to overcome the department’s organizational structure, governance, and management systems shortcomings.

Moreover, Yeates pointed to a tension within the department between what he calls the “IRPA school” and the “client service school.” He observes that the Immigration and Refugee Protection Act was introduced in 2001 with a framework to exclude applicants, with many reasons listed as to why an applicant may be denied. Immigration officers are trained to enforce IRPA, but little attention has historically been paid to the potential for these officers to have “unconscious bias” which may impact their decision-making.

On the other side are those who fall under the “client service school” and are willing to waive requirements and more open to compromise in order to improve the service that IRCC clients receive.

Highlights of Yeates’ recommendations

Overall, Yeates makes recommendations across four areas: Organizational Structure; Governance; Management Systems; and Culture. Highlights of the recommendations are as follows:

Organizational Structure Recommendations:

  • IRCC move to a business line organization
  • IRCC develop protocols for crisis and emergency management that identify Assistant Deputy Minister leads in various scenarios

Governance Recommendations:

  • The Executive Committee assume responsibility for finance and corporate services and absorb the functions of the Corporate Finance Committee
  • A new Operations Committee be established, chaired by the Deputy Minister’s Office, that will absorb the functions of the Issues Management Committee
  • That the membership of these committees be reconsidered as part of the re-organization process and that membership be no larger than 12
  • A review be conducted on the split of responsibilities between IRCC and the Canada Border Services Agency (CBSA) under IRPA in order to rationalize and streamline roles and accountabilities

Management System Recommendations:

  • Deputy Minister lead a new planning and reporting regime
  • Develop a 3 to 5 year strategic plan
  • Undertake an annual planning cycle across all areas of the department, including HR, IT, Financial and Program plans
  • Implement a quarterly reporting regime
  • Ensure linkages with the department’s performance management work

Culture Recommendations:

  • Undertake a review of IRPA to determine whether amendments should be made to better support desired outcomes, including improved service delivery.
  • Review the training provided to staff involved in the administration of IRPA to ensure if reflects the desired philosophy and approach of the department.
  • Examine means to integrate the voices of IRCC’s diversity communities into the departmental governance regime

Source: Canada’s immigration department is undergoing major changes

Refugee claims process needs major overhaul, says report

Will be interesting to see the degree to which the government adopts these recommendations or not. Yeates was former deputy minister at then Citizenship and Immigration Canada and knows the issues well:

Canada must overhaul its refugee claim system or create a new agency that reports to the immigration minister in order to streamline and expedite the asylum process, an independent review has concluded.

The 147-page report makes 64 recommendations — among them calls for a more aggressive approach and increased resources to tackle the backlog of refugee cases over two years.

Neil Yeates, a retired long-time senior civil servant in the federal and Saskatchewan provincial governments, led the government-commissioned review. He said Canada’s refugee determination system is now at a crossroads.

“Once again, it is dealing with a surge in claims that it is ill-equipped to manage, running the risk of creating a large backlog that, if not tackled promptly, may take years to bring to final resolution,” he wrote in his report.

Under the current system, various federal departments and agencies have a role in refugee intake, adjudication, removal or permanent residence approval, and the appeals process, but the Immigration and Refugee Board operates as an arm’s-length body making independent decisions.

The report recommends either maintaining that structure under an Asylum System Management Board, or shaking it up with major structural reforms under an integrated Refugee Protection Agency that reports directly to the immigration minister.

A spokesperson for the IRB told CBC News it has “significantly improved efficiencies at the Refugee Protection Division” and reported “an increase in refugee claim finalization by 40 per cent over the past year.”

The Canadian Council for Refugees said it’s “alarmed” by the proposals, arguing they could undermine the independence of the IRB. It called on the government to maintain the IRB as an independent quasi-judicial tribunal responsible for refugee determination.

“People’s lives hang on decisions on refugee claims,” said CCR president Claire Roque in a statement. “We are not talking about traffic violations, we are talking about a decision that may determine whether a person lives or dies. When we make such important decisions, we need to guarantee due process and the basic protections of an expert and independent tribunal.”

The CCR said the current system — created in the wake of a 1985 Supreme Court decision that found refugee claimants are entitled to charter rights and a fair hearing — is a regarded as a model around the world.

The CCR said any changes must be in line with the principles of fairness, respect for due process and compassion.

“The complex and painful realities of refugees cannot be adequately addressed through a process that focuses on systems and efficiencies,” the organization said in a release.

A spokesman for Immigration Minister Ahmed Hussen said the government is committed to upholding Canada’s “proud humanitarian tradition” of providing protection to those fleeing persecution while ensuring the asylum system is not abused.

“The findings in the final report will inform our review of Canada’s asylum system as we determine how best to maximize efficiency while ensuring that the system remains fair and continues to be in line with international standards,” said Mathieu Genest in an email.

“IRCC is studying the recommendations and will be consulting stakeholders, and provincial and territorial partners, on the findings over the course of the summer. It is premature to speculate on any changes that may be considered.”

Asylum over immigration

In his report, Yeates noted the growing trend of people using the asylum process instead of regular immigration channels.

“With the advent of human capital immigration models that place a high emphasis on education, language and skilled labour, asylum systems in countries like Canada risk becoming avenues of last resort for lower skilled economic migrants, who generally do not have access to other pathways to permanent residence,” the report reads.

Current approval rates for protection are about 65 per cent, so there are “ever present concerns” that the asylum system can be vulnerable to misuse, Yeates warned.

“When there are lengthy waiting times for an initial protection hearing there are further concerns that the asylum system may be abused to prolong temporary stays in Canada for healthcare, work permits, public schooling, direct access to Canadian citizenship for children born while in Canada and other benefits, all of which make future removal from Canada of many unsuccessful claimants difficult,” the report reads.

A series of reforms in 2012 aimed to expedite the claims process, but the system is still strained by spikes in asylum claims and resources stretched thin.

IRB spokeswoman Anna Pape said claims intake has been exceeding operational capacity by an average of 2,300 cases per month for the last year, creating a growing backlog. As of May 31, 2018, there were about 57,235 pending cases.

She said the IRB has taken steps to improve efficiency, and the number refugee claims finalized increased by about 40 per cent in 2017-18 compared to the previous year.

The IRB is currently funded to finalize approximately 24,000 claims per year.

“The IRB continues to explore new and innovative ways to improve efficiency, with the objective of improving the timeliness of decisions,” Pape said.

Given the current caseload and existing resources, the projected wait time for claims for refugee protection before the IRB has increased to approximately 20 months.

The report recommends stronger financial controls and tracking of overall system spending rather than incremental funding. It estimates that, following the reforms, the federal government has spent an average of $216 million a year on processing claims, social supports such as health care and legal costs. That figure does not include costs for the Federal Court and downstream provincial costs.

The report also recommends that:

  • the minister of Immigration, Refugees and Citizenship table an annual report in Parliament on the system as a whole;

  • the federal government develop an annual plan and budget based on forecasted intake and targets, with tracked expenditures, and establish an external advisory committee of experts;

  • Ottawa streamline the hearings process, using plain language on forms and making better use of technology;

  • the federal government integrate permanent residence processing of non-accompanying spouses/dependents into the asylum intake process to minimize repetitive processes;

  • government prioritize removals as soon as a removal order comes into effect;

  • specialized staff be tasked with asylum intake at major points of entry, and;

  • Ottawa establish a rapid-response contingency workforce to handle increased claim volumes.

Source: Refugee claims process needs major overhaul, says report