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

Act current to 2014-12-18 and last amended on 2014-12-16. 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.