One adjudicator approves no cases in 2011, another approves more than 80 per cent
By Mary Sheppard, CBC News
Posted: Mar 12, 2012 5:52 AM ET
Last Updated: Mar 12, 2012 10:16 AM ET

Analysis of data for 2011 shows that the chance of success of a refugee’s plea to stay in Canada can depend on who hears the case at the Immigration and Refugee Board (IRB).

Sean Rehaag, an assistant professor at York University’s Osgoode Hall Law School, requested data through Access to Information on all IRB claims heard in 2011 and analyzed the thousands of cases.

“I feel there is some support for allegations that some people are unlucky,” Rehaag said.
Sean Rehaag, a law professor at Osgoode Hall Law School in Toronto, says inconsistent decision-making by IRB members means all refugee claimants should have the right to appeal, including those from designated safe countries. Sean Rehaag, a law professor at Osgoode Hall Law School in Toronto, says inconsistent decision-making by IRB members means all refugee claimants should have the right to appeal, including those from designated safe countries. (Horst Herget Photography )

Rehaag’s analysis shows that Daniel McSweeney approved none of the 127 cases he adjudicated in 2011. He joined the IRB in 2007 and had a yes rate of 42.47 per cent that first year. Then his acceptances decreased.

Another adjudicator, David McBean, approved two of the 108 cases he heard last year. He had rejected all of the 169 cases he handled between 2008 and 2010.


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