Several commissioners responsible for evaluating the tens of thousands of asylum claims filed by migrants who entered Canada in the Roxham Road area denounced “meddling” by federal managers who would dictate who would accept in the country and who is to be rejected, while “according to an internal letter seen by La Presse, they are to enjoy full independence in the exercise of their functions.
Posted at 5:00 am
Vincent Larouche The Press
The Quebec region is a special case within the Immigration and Refugee Board (IRB). The Montreal branch of this federal immigration court is particularly busy due to the influx of asylum seekers entering the country via Roxham Road in Montérégie, a unique situation in Canada. According to the Regional Program for the Reception and Integration of Asylum Seekers, since the beginning of the year, between 1,100 and 1,450 people per month have needed care after applying for refugee status in the Montreal area.
Each of these cases must be examined individually by a member who will take the time to analyze the available evidence and determine whether the applicant has reason to fear persecution in their country of origin because of their race, religion, national origin or membership of a social group or political opinion.
“Commissioners make their decisions independently,” says the Commission’s website.
However, the main players do not all agree.
Decisions contrary to their true opinion
A recent in-house union survey, the results of which we were able to see, immediately shows that in the Quebec region, 47% of commissioners say their independence has been undermined at least once, while 27% have even given an answer contrary to their actual opinion at least once in by the department responsible for asylum applications.
In an October 5 email sent to several Commission executives, a representative of the Commissioners Union cited the case of one of his colleagues who was told by his coordinator that his file was “a [décision] negative and it’s easy to do.
” [C’est] a case in point that I have heard on several occasions,” said union representative Francis Chaput. “This is a comment from a manager in a position of authority […]in the midst of a file’s progress, about the purpose of that file,” he continues.
Mr Chaput, himself a commissioner in charge of asylum applications, says in his email that colleagues at his workplace have also mentioned “veiled comments” from their superiors dictating how a case should be decided.
“In my opinion, like what I’ve heard from several Commissioners, this is perceived by us as part of influencing decision-making,” he laments.
“What worries me the most is that management doesn’t seem to see any problem with these types of comments directly impacting the Commissioners’ autonomy of decision,” Mr Chaput added in his statement.
Suspended from duty
A union source confirmed to La Presse on Monday that since the internal survey on the disruption was conducted, management has organized several training sessions to try to contain the problem. But several commissioners remain stuck.
I received testimony from a commissioner who refused to follow an order from his coordinator, who asked him to make a negative decision before hearing all the evidence. He was suspended.
I am Stéphane Handfield, immigration lawyer and former Commissioner
The suspended commissioner did not want to refuse asylum to a diplomat from an African country who feared being persecuted in her country because of her homosexuality.
“The minister must intervene to shed light on what can be described as institutional bias in the refugee protection department,” says the lawyer.
When asked by La Presse on Monday, the commission management emphasized the importance of the independence of the commissioners. However, she suggested that delays or deficiencies in the quality of decisions could sometimes justify certain managerial interventions. “Members must make their decisions independently and in accordance with IRB standards for quality and timeliness,” says Mylene Estrada-del Rosario.
“Coordinating stewards are responsible for ensuring that stewards comply with these standards without undue interference, and they receive extensive training to carry out this task,” she says.
“The IRB has processes in place, including a grievance mechanism with the Office of the Ombudsman, which allows staff to raise concerns,” the spokesman said.
Learn more
11,563 Number of asylum seekers served in Montreal in 2022 (so far)