Immigration and Refugee Protection Act

Marginal note:Appeal

• 110 (1) A person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against a decision of the Refugee Protection Division to allow or reject the person’s claim for refugee protection, or a decision of the Refugee Protection Division rejecting an application by the Minister for a determination that refugee protection has ceased or an application by the Minister to vacate a decision to allow a claim for refugee protection.

• Marginal note:Restriction on appeals

  (2) A determination that a refugee protection claim has been withdrawn or abandoned may not be appealed.

• Marginal note:Making of appeal

  (2.1) The appeal must be filed and perfected within the time limits set out in the regulations.

• Marginal note:Procedure

  (3) Subject to subsections (3.1), (4) and (6), the Refugee Appeal Division must proceed without a hearing, on the basis of the record of the proceedings of the Refugee Protection Division, and may accept documentary evidence and written submissions from the Minister and the person who is the subject of the appeal and written submissions from a representative or agent of the United Nations High Commissioner for Refugees and any other person described in the rules of the Board.

• Marginal note:Time limits

  (3.1) Unless a hearing is held under subsection (6), the Refugee Appeal Division must make a decision within the time limits set out in the regulations.

• Marginal note:Evidence that may be presented

  (4) On appeal, the person who is the subject of the appeal may present only evidence that arose after the rejection of their claim or that was not reasonably available, or that the person could not reasonably have been expected in the circumstances to have presented, at the time of the rejection.

• Marginal note:Exception

  (5) Subsection (4) does not apply in respect of evidence that is presented in response to evidence presented by the Minister.

• Marginal note:Hearing

  (6) The Refugee Appeal Division may hold a hearing if, in its opinion, there is documentary evidence referred to in subsection (3)

  • (a) that raises a serious issue with respect to the credibility of the person who is the subject of the appeal;

  • (b) that is central to the decision with respect to the refugee protection claim; and

  • (c) that, if accepted, would justify allowing or rejecting the refugee protection claim.