Marginal note:Application at port of entry
166. An application for protection by a foreign national against whom a removal order is made at a port of entry as a result of a determination of inadmissibility on entry into Canada must, if the order is in force, be received as soon as the removal order is made. Written submissions, if any, must accompany the application. For greater certainty, the application does not result in a stay of the removal order.
Marginal note:Hearing — prescribed factors
167. For the purpose of determining whether a hearing is required under paragraph 113(b) of the Act, the factors are the following:
(a) whether there is evidence that raises a serious issue of the applicant's credibility and is related to the factors set out in sections 96 and 97 of the Act;
(b) whether the evidence is central to the decision with respect to the application for protection; and
(c) whether the evidence, if accepted, would justify allowing the application for protection.
Marginal note:Hearing procedure
168. A hearing is subject to the following provisions:
(a) notice shall be provided to the applicant of the time and place of the hearing and the issues of fact that will be raised at the hearing;
(b) the hearing is restricted to matters relating to the issues of fact stated in the notice, unless the officer conducting the hearing considers that other issues of fact have been raised by statements made by the applicant during the hearing;
(c) the applicant must respond to the questions posed by the officer and may be assisted for that purpose, at their own expense, by a barrister or solicitor or other counsel; and
(d) any evidence of a person other than the applicant must be in writing and the officer may question the person for the purpose of verifying the evidence provided.
169. An application for protection is declared abandoned
(a) in the case of an applicant who fails to appear at a hearing, if the applicant is given notice of a subsequent hearing and fails to appear at that hearing; and
(b) in the case of an applicant who voluntarily departs Canada, when the applicant's removal order is enforced under section 240 or the applicant otherwise departs Canada.
- SOR/2009-290, s. 5(F).
170. An application for protection may be withdrawn by the applicant at any time by notifying the Minister in writing. The application is declared to be withdrawn on receipt of the notice.
Marginal note:Effect of abandonment and withdrawal
171. An application for protection is rejected when a decision is made not to allow the application or when the application is declared withdrawn or abandoned.
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