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

Act current to 2012-05-14 and last amended on 2012-03-13. Previous Versions

The following provision is not in force.
Marginal note:Refugee Protection Division

194. In cases referred to in section 191, a decision by the Refugee Protection Division following a hearing that has been commenced by the Convention Refugee Determination Division is not subject to an appeal under section 110.

The following provision is not in force.
Marginal note:Convention Refugee Determination Division

Footnote *195. A decision made by the Convention Refugee Determination Division before the coming into force of this section is not subject to an appeal under section 110.

Marginal note:Appeals

Footnote *196. Despite section 192, an appeal made to the Immigration Appeal Division before the coming into force of this section shall be discontinued if the appellant has not been granted a stay under the former Act and the appeal could not have been made because of section 64 of this Act.

Marginal note:Stays

197. Despite section 192, if an appellant who has been granted a stay under the former Act breaches a condition of the stay, the appellant shall be subject to the provisions of section 64 and subsection 68(4) of this Act.

Marginal note:Refugee Protection Division

198. The Refugee Protection Division has jurisdiction to consider decisions of the Convention Refugee Determination Division that are set aside by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada, and shall dispose of those matters in accordance with the provisions of this Act.

  • 2001, c. 27, s. 198;
  • 2002, c. 8, s. 194.
Previous Version
Marginal note:Redetermination

199. Sections 112 to 114 apply to a redetermination of a decision set aside by the Federal Court with respect to an application for landing as a member of the post-determination refugee claimants in Canada class within the meaning of the Immigration Regulations, 1978.

Marginal note:Exclusion

Footnote *200. Subsection 31(1) does not apply with respect to persons who were permanent residents, within the meaning of the former Act, on the coming into force of this section.