Immigration and Refugee Protection Act

Version of section 171 from 2012-06-28 to 2012-12-14:

The following provision is not in force.
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.
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