Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2017-10-13 and last amended on 2017-06-22. Previous Versions

Claimant Without Identification

Marginal note:Credibility

 The Refugee Protection Division must take into account, with respect to the credibility of a claimant, whether the claimant possesses acceptable documentation establishing identity, and if not, whether they have provided a reasonable explanation for the lack of documentation or have taken reasonable steps to obtain the documentation.

Decision on Claim for Refugee Protection

Marginal note:Decision
  •  (1) The Refugee Protection Division shall accept a claim for refugee protection if it determines that the claimant is a Convention refugee or person in need of protection, and shall otherwise reject the claim.

  • Marginal note:No credible basis

    (2) If the Refugee Protection Division is of the opinion, in rejecting a claim, that there was no credible or trustworthy evidence on which it could have made a favourable decision, it shall state in its reasons for the decision that there is no credible basis for the claim.

Marginal note:Manifestly unfounded

 If the Refugee Protection Division rejects a claim for refugee protection, it must state in its reasons for the decision that the claim is manifestly unfounded if it is of the opinion that the claim is clearly fraudulent.

  • 2010, c. 8, s. 11.1;
  • 2012, c. 17, s. 57.

Cessation of Refugee Protection

Marginal note:Rejection
  •  (1) A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances:

    • (a) the person has voluntarily reavailed themself of the protection of their country of nationality;

    • (b) the person has voluntarily reacquired their nationality;

    • (c) the person has acquired a new nationality and enjoys the protection of the country of that new nationality;

    • (d) the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or

    • (e) the reasons for which the person sought refugee protection have ceased to exist.

  • Marginal note:Cessation of refugee protection

    (2) On application by the Minister, the Refugee Protection Division may determine that refugee protection referred to in subsection 95(1) has ceased for any of the reasons described in subsection (1).

  • Marginal note:Effect of decision

    (3) If the application is allowed, the claim of the person is deemed to be rejected.

  • Marginal note:Exception

    (4) Paragraph (1)(e) does not apply to a person who establishes that there are compelling reasons arising out of previous persecution, torture, treatment or punishment for refusing to avail themselves of the protection of the country which they left, or outside of which they remained, due to such previous persecution, torture, treatment or punishment.

Applications to Vacate

Marginal note:Vacation of refugee protection
  •  (1) The Refugee Protection Division may, on application by the Minister, vacate a decision to allow a claim for refugee protection, if it finds that the decision was obtained as a result of directly or indirectly misrepresenting or withholding material facts relating to a relevant matter.

  • Marginal note:Rejection of application

    (2) The Refugee Protection Division may reject the application if it is satisfied that other sufficient evidence was considered at the time of the first determination to justify refugee protection.

  • Marginal note:Allowance of application

    (3) If the application is allowed, the claim of the person is deemed to be rejected and the decision that led to the conferral of refugee protection is nullified.

Designated Countries of Origin

Marginal note:Designation of countries of origin
  •  (1) The Minister may, by order, designate a country, for the purposes of subsection 110(2) and section 111.1.

  • Marginal note:Limitation

    (2) The Minister may only make a designation

    • (a) in the case where the number of claims for refugee protection made in Canada by nationals of the country in question in respect of which the Refugee Protection Division has made a final determination is equal to or greater than the number provided for by order of the Minister,

      • (i) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division during the period provided for in the order, are rejected or determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order, or

      • (ii) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division, during the period provided for in the order, are determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order; or

    • (b) in the case where the number of claims for refugee protection made in Canada by nationals of the country in question in respect of which the Refugee Protection Division has made a final determination is less than the number provided for by order of the Minister, if the Minister is of the opinion that in the country in question

      • (i) there is an independent judicial system,

      • (ii) basic democratic rights and freedoms are recognized and mechanisms for redress are available if those rights or freedoms are infringed, and

      • (iii) civil society organizations exist.

  • Marginal note:Order of Minister

    (3) The Minister may, by order, provide for the number, period or percentages referred to in subsection (2).

  • Marginal note:Statutory Instruments Act

    (4) An order made under subsection (1) or (3) is not a statutory instrument for the purposes of the Statutory Instruments Act. However, it must be published in the Canada Gazette.

  • 2010, c. 8, s. 12;
  • 2012, c. 17, s. 58.

Appeal to Refugee Appeal Division

Marginal note:Appeal
  •  (1) Subject to subsections (1.1) and (2), a person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against a decision of the Refugee Protection Division to allow or reject the person’s claim for refugee protection.

  • Marginal note:Notice of appeal

    (1.1) The Minister may satisfy any requirement respecting the manner in which an appeal is filed and perfected by submitting a notice of appeal and any supporting documents.

  • Marginal note:Restriction on appeals

    (2) No appeal may be made in respect of any of the following:

    • (a) a decision of the Refugee Protection Division allowing or rejecting the claim for refugee protection of a designated foreign national;

    • (b) a determination that a refugee protection claim has been withdrawn or abandoned;

    • (c) a decision of the Refugee Protection Division rejecting a claim for refugee protection that states that the claim has no credible basis or is manifestly unfounded;

    • (d) subject to the regulations, a decision of the Refugee Protection Division in respect of a claim for refugee protection if

      • (i) the foreign national who makes the claim came directly or indirectly to Canada from a country that is, on the day on which their claim is made, designated by regulations made under subsection 102(1) and that is a party to an agreement referred to in paragraph 102(2)(d), and

      • (ii) the claim — by virtue of regulations made under paragraph 102(1)(c) — is not ineligible under paragraph 101(1)(e) to be referred to the Refugee Protection Division;

    • (d.1) a decision of the Refugee Protection Division allowing or rejecting a claim for refugee protection made by a foreign national who is a national of a country that was, on the day on which the decision was made, a country designated under subsection 109.1(1);

    • (e) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister for a determination that refugee protection has ceased;

    • (f) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister to vacate a decision to allow a claim for refugee protection.

  • Marginal note:Making of appeal

    (2.1) The appeal must be filed and perfected within the time limits set out in the regulations.

  • Marginal note:Procedure

    (3) Subject to subsections (3.1), (4) and (6), the Refugee Appeal Division must proceed without a hearing, on the basis of the record of the proceedings of the Refugee Protection Division, and may accept documentary evidence and written submissions from the Minister and the person who is the subject of the appeal and, in the case of a matter that is conducted before a panel of three members, written submissions from a representative or agent of the United Nations High Commissioner for Refugees and any other person described in the rules of the Board.

  • Marginal note:Time limits

    (3.1) Unless a hearing is held under subsection (6), the Refugee Appeal Division must make a decision within the time limits set out in the regulations.

  • Marginal note:Evidence that may be presented

    (4) On appeal, the person who is the subject of the appeal may present only evidence that arose after the rejection of their claim or that was not reasonably available, or that the person could not reasonably have been expected in the circumstances to have presented, at the time of the rejection.

  • Marginal note:Exception

    (5) Subsection (4) does not apply in respect of evidence that is presented in response to evidence presented by the Minister.

  • Marginal note:Hearing

    (6) The Refugee Appeal Division may hold a hearing if, in its opinion, there is documentary evidence referred to in subsection (3)

    • (a) that raises a serious issue with respect to the credibility of the person who is the subject of the appeal;

    • (b) that is central to the decision with respect to the refugee protection claim; and

    • (c) that, if accepted, would justify allowing or rejecting the refugee protection claim.

  • 2001, c. 27, s. 110;
  • 2010, c. 8, s. 13;
  • 2012, c. 17, ss. 36, 84.
 
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