Marginal note:Criterion — exemption from application of paragraphs 112(2)(b.1) or (c) of the Act
160.1 For the purposes of subsection 112(2.1) of the Act, the Minister must consider, when an exemption is made, any event having arisen in a country that could place all or some of its nationals or former habitual residents referred to in that subsection in a situation similar to those referred to in section 96 or 97 of the Act for which a person may be determined to be a Convention refugee or a person in need of protection.
- SOR/2012-154, s. 7.
161. (1) Subject to section 166, a person applying for protection may make written submissions in support of their application and for that purpose may be assisted, at their own expense, by a barrister or solicitor or other counsel.
Marginal note:New evidence
(2) A person who makes written submissions must identify the evidence presented that meets the requirements of paragraph 113(a) of the Act and indicate how that evidence relates to them.
- SOR/2014-139, s. 4.
Marginal note:Application within 15-day period
162. An application received within 15 days after notification was given under section 160 shall not be decided until at least 30 days after notification was given. The removal order is stayed under section 232 until the earliest of the events referred to in paragraphs 232(c) to (f) occurs.
Marginal note:Applications after the 15-day period
163. A person who has remained in Canada since being given notification under section 160 may make an application after a period of 15 days has elapsed from notification being given under that section, but the application does not result in a stay of the removal order. Written submissions, if any, must accompany the application.
Marginal note:Application that must be received within 15-day period — certificate
164. Despite section 163, an application by a person who is named in a certificate described in subsection 77(1) of the Act must be received within 15 days after notification was given under section 160. An application received within that period shall not be decided until at least 30 days after notification was given.
- SOR/2009-290, s. 4(F).
Marginal note:Subsequent application
165. A person whose application for protection was rejected and who has remained in Canada since being given notification under section 160 may make another application. Written submissions, if any, must accompany the application. For greater certainty, the application does not result in a stay of the removal order.
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