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

Act current to 2017-11-06 and last amended on 2017-10-18. Previous Versions

Marginal note:Right to counsel
  •  (1) A person who is the subject of proceedings before any Division of the Board and the Minister may, at their own expense, be represented by legal or other counsel.

  • Marginal note:Representation

    (2) If a person who is the subject of proceedings is under 18 years of age or unable, in the opinion of the applicable Division, to appreciate the nature of the proceedings, the Division shall designate a person to represent the person.

  • 2001, c. 27, s. 167;
  • 2010, c. 8, s. 23;
  • 2012, c. 17, s. 63.
Marginal note:Abandonment of proceeding
  •  (1) A Division may determine that a proceeding before it has been abandoned if the Division is of the opinion that the applicant is in default in the proceedings, including by failing to appear for a hearing, to provide information required by the Division or to communicate with the Division on being requested to do so.

  • Marginal note:Abuse of process

    (2) A Division may refuse to allow an applicant to withdraw from a proceeding if it is of the opinion that the withdrawal would be an abuse of process under its rules.

Marginal note:Decisions and reasons

 In the case of a decision of a Division, other than an interlocutory decision:

  • (a) the decision takes effect in accordance with the rules;

  • (b) reasons for the decision must be given;

  • (c) the decision may be rendered orally or in writing, except a decision of the Refugee Appeal Division, which must be rendered in writing;

  • (d) if the Refugee Protection Division rejects a claim, written reasons must be provided to the claimant and the Minister;

  • (e) if the person who is the subject of proceedings before the Board or the Minister requests reasons for a decision within 10 days of notification of the decision, or in circumstances set out in the rules of the Board, the Division must provide written reasons; and

  • (f) the period in which to apply for judicial review with respect to a decision of the Board is calculated from the giving of notice of the decision or from the sending of written reasons, whichever is later.

Refugee Protection Division

Marginal note:Composition
  •  (1) The Refugee Protection Division consists of the Deputy Chairperson, Assistant Deputy Chairpersons and other members, including coordinating members, necessary to carry out its functions.

  • Marginal note:Public Service Employment Act

    (2) The members of the Refugee Protection Division are appointed in accordance with the Public Service Employment Act.

  • 2010, c. 8, s. 26.
Marginal note:Proceedings

 The Refugee Protection Division, in any proceeding before it,

  • (a) may inquire into any matter that it considers relevant to establishing whether a claim is well-founded;

  • (b) must hold a hearing;

  • (c) must notify the person who is the subject of the proceeding and the Minister of the hearing;

  • (d) must provide the Minister, on request, with the documents and information referred to in subsection 100(4);

  • (d.1) may question the witnesses, including the person who is the subject of the proceeding;

  • (e) must give the person and the Minister a reasonable opportunity to present evidence, question witnesses and make representations;

  • (f) may, despite paragraph (b), allow a claim for refugee protection without a hearing, if the Minister has not notified the Division, within the period set out in the rules of the Board, of the Minister’s intention to intervene;

  • (g) is not bound by any legal or technical rules of evidence;

  • (h) may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances; and

  • (i) may take notice of any facts that may be judicially noticed, any other generally recognized facts and any information or opinion that is within its specialized knowledge.

  • 2001, c. 27, s. 170;
  • 2010, c. 8, s. 27.
Marginal note:No reopening of claim or application

 The Refugee Protection Division does not have jurisdiction to reopen on any ground — including a failure to observe a principle of natural justice — a claim for refugee protection, an application for protection or an application for cessation or vacation, in respect of which the Refugee Appeal Division or the Federal Court, as the case may be, has made a final determination.

  • 2012, c. 17, s. 51.

Refugee Appeal Division

Marginal note:Proceedings

 In the case of a proceeding of the Refugee Appeal Division,

  • (a) the Division must give notice of any hearing to the Minister and to the person who is the subject of the appeal;

  • (a.1) subject to subsection 110(4), if a hearing is held, the Division must give the person who is the subject of the appeal and the Minister the opportunity to present evidence, question witnesses and make submissions;

  • (a.2) the Division is not bound by any legal or technical rules of evidence;

  • (a.3) the Division may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances;

  • (a.4) the Minister may, at any time before the Division makes a decision, after giving notice to the Division and to the person who is the subject of the appeal, intervene in the appeal;

  • (a.5) the Minister may, at any time before the Division makes a decision, submit documentary evidence and make written submissions in support of the Minister’s appeal or intervention in the appeal;

  • (b) the Division may take notice of any facts that may be judicially noticed and of any other generally recognized facts and any information or opinion that is within its specialized knowledge; and

  • (c) a decision of a panel of three members of the Refugee Appeal Division has, for the Refugee Protection Division and for a panel of one member of the Refugee Appeal Division, the same precedential value as a decision of an appeal court has for a trial court.

  • 2001, c. 27, s. 171;
  • 2010, c. 8, s. 28;
  • 2012, c. 17, s. 52.
Marginal note:No reopening of appeal

 The Refugee Appeal Division does not have jurisdiction to reopen on any ground — including a failure to observe a principle of natural justice — an appeal in respect of which the Federal Court has made a final determination.

  • 2012, c. 17, s. 53.

Immigration Division

Marginal note:Composition
  • 2001, c. 27, s. 172;
  • 2010, c. 8, s. 29.
Marginal note:Proceedings

 The Immigration Division, in any proceeding before it,

  • (a) must, where practicable, hold a hearing;

  • (b) must give notice of the proceeding to the Minister and to the person who is the subject of the proceeding and hear the matter without delay;

  • (c) is not bound by any legal or technical rules of evidence; and

  • (d) may receive and base a decision on evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.

Immigration Appeal Division

Marginal note:Court of record
  •  (1) The Immigration Appeal Division is a court of record and shall have an official seal, which shall be judicially noticed.

  • Marginal note:Powers

    (2) The Immigration Appeal Division has all the powers, rights and privileges vested in a superior court of record with respect to any matter necessary for the exercise of its jurisdiction, including the swearing and examination of witnesses, the production and inspection of documents and the enforcement of its orders.

 
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