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

Act current to 2014-04-02 and last amended on 2014-02-06. Previous Versions

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.