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Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2024-05-01 and last amended on 2023-12-15. Previous Versions

Marginal note:Proceedings

 The Refugee Protection Division, in any proceeding before it,

  • (a) may inquire into any matter that it considers relevant to establishing whether a claim is well-founded;

  • (b) must hold a hearing;

  • (c) must notify the person who is the subject of the proceeding and the Minister of the hearing;

  • (d) must provide the Minister, on request, with the documents and information referred to in subsection 100(4);

  • (d.1) may question the witnesses, including the person who is the subject of the proceeding;

  • (e) must give the person and the Minister a reasonable opportunity to present evidence, question witnesses and make representations;

  • (f) may, despite paragraph (b), allow a claim for refugee protection without a hearing, if the Minister has not notified the Division, within the period set out in the rules of the Board, of the Minister’s intention to intervene;

  • (g) is not bound by any legal or technical rules of evidence;

  • (h) may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances; and

  • (i) may take notice of any facts that may be judicially noticed, any other generally recognized facts and any information or opinion that is within its specialized knowledge.

  • 2001, c. 27, s. 170
  • 2010, c. 8, s. 27

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