Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2017-09-14 and last amended on 2017-06-27. Previous Versions

DIVISION 5Refugee Protection

Marginal note:Refugee protection

 Refugee protection is conferred under the Immigration and Refugee Protection Act on a person who

  • (a) has been determined in Canada before the coming into force of this section to be a Convention refugee and

    • (i) no determination was made to vacate that determination, or

    • (ii) no determination was made that the person ceased to be a Convention refugee;

  • (b) as an applicant or an accompanying dependant was granted landing before the coming into force of this section after being issued a visa under

    • (i) section 7 of the former Regulations, or

    • (ii) section 4 of the Humanitarian Designated Classes Regulations; or

  • (c) was determined to be a member of the post-determination refugee claimants in Canada class before the coming into force of this section and was granted landing under section 11.4 of the former Regulations or who becomes a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

Marginal note:Rejection of a claim for refugee protection

 A determination made in Canada before the coming into force of this section that a person is not a Convention refugee is deemed to be a claim for refugee protection rejected by the Board.

Marginal note:Ineligibility

 A determination made before the coming into force of this section that a person is not eligible to have their Convention refugee claim determined by the Convention Refugee Determination Division is deemed to be a determination that the claim is ineligible to be referred to the Refugee Protection Division.

Marginal note:Withdrawal and abandonment

 A claim to be a Convention refugee that was withdrawn or declared to be abandoned before the coming into force of this section is deemed to be a claim determined to be withdrawn or abandoned under the Immigration and Refugee Protection Act.

Marginal note:Eligibility

 A claim made in Canada to be a Convention refugee in respect of which a determination of eligibility was not made before the coming into force of this section is deemed to be a claim for refugee protection made in Canada that is received on the day on which this section comes into force.

Marginal note:Redetermination of eligibility

 Subject to section 191 of the Immigration and Refugee Protection Act, a claim of a person who was determined eligible before the coming into force of this section to have a claim to be a Convention refugee determined by the Convention Refugee Determination Division, and in respect of which no determination was made by that Division, is a claim that

Marginal note:Cessation of refugee protection

 A determination made in Canada before the coming into force of this section that a person has ceased to be a Convention refugee is deemed to be a determination by the Board that refugee protection has ceased.

Marginal note:Vacation

 A decision made in Canada before the coming into force of this section to approve an application to reconsider and vacate a determination that a person is a Convention refugee is deemed to be a determination by the Board to vacate a decision to allow a claim for refugee protection.

Marginal note:Post-determination refugee claimants in Canada class
  •  (1) An application for landing as a member of the post-determination refugee claimants in Canada class in respect of which no determination of whether the applicant is a member of that class was made before the coming into force of this section is an application for protection under sections 112 to 114 of the Immigration and Refugee Protection Act and those sections apply to the application.

  • Marginal note:Notification re additional submissions

    (2) Before a decision is made on the application, the applicant shall be notified that they may make additional submissions in support of their application.

  • Marginal note:Decision

    (3) A decision on the application shall not be made until 30 days after notification is given to the applicant.

  • Marginal note:Giving notification

    (4) Notification is given

    • (a) when it is given by hand to the applicant; or

    • (b) if it is sent by mail, seven days after the day on which it was sent to the applicant at the last address provided by them to the Department.

  • Marginal note:Stay of removal

    (5) For greater certainty, the execution of a removal order made under the former Act against an applicant referred to in subsection (1) is stayed, and the stay is effective until the earliest of the applicable events described in section 232 occurs.

  • SOR/2004-167, s. 76.
Marginal note:Application for landing — Convention refugees
  •  (1) If landing was not granted before the coming into force of this section, an application for landing submitted under section 46.04 of the former Act is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

  • Marginal note:Application for landing — undocumented Convention refugee in Canada class

    (2) If landing was not granted before June 28, 2002, an application for landing as a member of the undocumented Convention refugee in Canada class is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

  • Marginal note:Application for landing — post-determination refugee claimants in Canada class

    (3) If landing was not granted before the coming into force of this section, an application for landing submitted by a person pursuant to a determination that the person is a member of the post-determination refugee claimants in Canada class is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

  • SOR/2012-154, s. 16.

DIVISION 6Court Proceedings

Marginal note:Judicial review
  •  (1) On the coming into force of this section, any application for leave to commence an application for judicial review and any application for judicial review or appeal from an application that was brought under the former Act that is pending before the Federal Court or the Supreme Court of Canada is deemed to have been commenced under Division 8 of Part 1 of the Immigration and Refugee Protection Act and is governed by the provisions of that Division and section 87.

  • Marginal note:Application for non-disclosure

    (2) On the coming into force of this section, any application under subsection 82.1(10) of the former Act that is pending before the Federal Court is deemed to be an application under section 87 of the Immigration and Refugee Protection Act.

  • Marginal note:Where no leave required

    (3) Despite subsection (1), an application for judicial review that was not subject to the requirement of an application for leave under the former Act and was pending on the coming into force of this section does not require such an application under the Immigration and Refugee Protection Act.

  • Marginal note:Judicial review after coming into force

    (4) Any judicial review proceeding brought in respect of any decision or order made or any matter arising under the former Act after the coming into force of this section is governed by Division 8 of Part 1 and section 87 of the Immigration and Refugee Protection Act.

  • Marginal note:Time for filing

    (5) A person in respect of whom the 30-day period provided by section 18.1 of the Federal Courts Act for making an application for judicial review from a decision or matter referred to in subsection 82.1(2) of the former Act has not elapsed on the coming into force of this section and who has not made such an application has 60 days from the coming into force of this section to file an application for leave under section 72 of the Immigration and Refugee Protection Act.

  • Marginal note:Validity or lawfulness of a decision or act

    (6) The validity or lawfulness of a decision or act made under the former Act that is the subject of a judicial review procedure or appeal referred to in subsection (1) is determined in accordance with the provisions of the former Act.

  • 2002, c. 8, s. 182;
  • SOR/2009-163, s. 18(F).
 
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