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

Regulations are current to 2014-11-25 and last amended on 2014-11-22. Previous Versions

Appeal to Refugee Appeal Division

Marginal note:Time limit for appeal
  •  (1) Subject to subsection (2), for the purpose of subsection 110(2.1) of the Act,

    • (a) the time limit for a person or the Minister to file an appeal to the Refugee Appeal Division against a decision of the Refugee Protection Division is 15 days after the day on which the person or the Minister receives written reasons for the decision; and

    • (b) the time limit for a person or the Minister to perfect such an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision.

  • Marginal note:Extension

    (2) If the appeal cannot be filed within the time limit set out in paragraph 1)(a) or perfected within the time limit set out in paragraph (1)(b), the Refugee Appeal Division may, for reasons of fairness and natural justice, extend each of those time limits by the number of days that is necessary in the circumstances.

  • SOR/2012-252, s. 1.
Marginal note:Time limit for decision
  •  (1) Subject to subsection (2), for the purpose of subsection 110(3.1) of the Act, except when a hearing is held under subsection 110(6) of the Act, the time limit for the Refugee Appeal Division to make a decision on an appeal is 90 days after the day on which the appeal is perfected.

  • Marginal note:Exception

    (2) If it is not possible for the Refugee Appeal Division to make a decision on an appeal within the time limit set out in subsection (1), the decision must be made as soon as feasible after that time limit.

  • SOR/2012-252, s. 1.

Division 4Pre-Removal Risk Assessment

Marginal note:Application for protection
  •  (1) Subject to subsection (2) and for the purposes of subsection 112(1) of the Act, a person may apply for protection after they are given notification to that effect by the Department.

  • Marginal note:No notification

    (2) A person described in section 165 or 166 may apply for protection in accordance with that section without being given notification to that effect by the Department.

  • Marginal note:Notification

    (3) Notification shall be given

    • (a) in the case of a person who is subject to a removal order that is in force, before removal from Canada; and

    • (b) in the case of a person named in a certificate described in subsection 77(1) of the Act, when the summary of information and other evidence is filed under subsection 77(2) of the Act.

  • Marginal note:When notification is given

    (4) Notification is given

    • (a) when the person is given the application for protection form by hand; or

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

  • SOR/2008-193, s. 1;
  • SOR/2009-290, s. 3(F).