Immigration and Refugee Protection Act

Version of section 113 from 2003-01-01 to 2012-12-14:

Marginal note:Consideration of application

 Consideration of an application for protection shall be as follows:

  • (a) an applicant whose claim to refugee protection has been rejected may present only new evidence that arose after the rejection or was not reasonably available, or that the applicant could not reasonably have been expected in the circumstances to have presented, at the time of the rejection;

  • (b) a hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required;

  • (c) in the case of an applicant not described in subsection 112(3), consideration shall be on the basis of sections 96 to 98;

  • (d) in the case of an applicant described in subsection 112(3), consideration shall be on the basis of the factors set out in section 97 and

    • (i) in the case of an applicant for protection who is inadmissible on grounds of serious criminality, whether they are a danger to the public in Canada, or

    • (ii) in the case of any other applicant, whether the application should be refused because of the nature and severity of acts committed by the applicant or because of the danger that the applicant constitutes to the security of Canada.

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