Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART 8Refugee Classes (continued)

DIVISION 4Pre-Removal Risk Assessment (continued)

Marginal note:Criterion — exemption from application of paragraphs 112(2)(b.1) or (c) of the Act

 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

Marginal note:Submissions

  •  (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

 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

 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

 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

 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.

Marginal note:Application at port of entry

 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

 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

 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.

Marginal note:Abandonment

 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)

Marginal note:Withdrawal

 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

 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.

Marginal note:Applicant described in s. 112(3) of the Act

  •  (1) Before making a decision to allow or reject the application of an applicant described in subsection 112(3) of the Act, the Minister shall consider the assessments referred to in subsection (2) and any written response of the applicant to the assessments that is received within 15 days after the applicant is given the assessments.

  • Marginal note:Assessments

    (2) The following assessments shall be given to the applicant:

    • (a) a written assessment on the basis of the factors set out in section 97 of the Act; and

    • (b) a written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act, as the case may be.

  • Marginal note:Certificate

    (2.1) Despite subsection (2), no assessments shall be given to an applicant who is named in a certificate until a judge under section 78 of the Act determines whether the certificate is reasonable.

  • Marginal note:When assessments given

    (3) The assessments are given to an applicant when they are given by hand to the applicant or, if sent by mail, are deemed to be given to an applicant seven days after the day on which they are sent to the last address that the applicant provided to the Department.

  • Marginal note:Applicant not described in s. 97 of the Act

    (4) Despite subsections (1) to (3), if the Minister decides on the basis of the factors set out in section 97 of the Act that the applicant is not described in that section,

    • (a) no written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act need be made; and

    • (b) the application is rejected.

  • SOR/2008-193, s. 2

Marginal note:Re-examination of stay — procedure

  •  (1) A person in respect of whom a stay of a removal order, with respect to a country or place, is being re-examined under subsection 114(2) of the Act shall be given

    • (a) a notice of re-examination;

    • (b) a written assessment on the basis of the factors set out in section 97 of the Act; and

    • (c) a written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act, as the case may be.

  • Marginal note:Assessments and response

    (2) Before making a decision to cancel or maintain the stay of the removal order, the Minister shall consider the assessments and any written response of the person in respect of whom the stay is being re-examined that is received within 15 days after the assessments are given to that person.

  • Marginal note:When assessments given

    (3) The assessments are given to an applicant when they are given by hand to the applicant or, if sent by mail, are deemed to be given to an applicant seven days after the day on which they are sent to the last address that the applicant provided to the Department.

  • SOR/2009-290, s. 6

Marginal note:Reasons for decision

 On request, an applicant shall be given a copy of the file notes that record the justification for the decision on their application for protection.

DIVISION 4.1Designated Foreign National — Requirement to Report to an Officer

Marginal note:Regular reporting intervals

  •  (1) For the purposes of subsection 98.1(1) of the Act, a designated foreign national referred to in that subsection who has not become a permanent resident under subsection 21(2) of the Act must report to an officer as follows:

    • (a) in person, not more than 30 days after refugee protection is conferred on the designated foreign national under paragraph 95(1)(b) or (c) of the Act; and

    • (b) once a year in each year after the day on which the foreign national first reports to an officer under paragraph (a), on a date fixed by the officer.

  • Marginal note:Reporting on request

    (2) The designated foreign national must also report to an officer if requested to do so by the officer because the officer has reason to believe that any of the circumstances referred to in paragraphs 108(1)(a) to (e) of the Act may apply in respect of the designated foreign national.

  • Marginal note:Additional reporting requirements

    (3) In addition to meeting the requirements of subsections (1) and (2), the designated foreign national must report to an officer

    • (a) any change in

      • (i) their address, not more than 10 working days after the day on which the change occurs, and

      • (ii) their employment status, not more than 20 working days after the day on which the change occurs;

    • (b) any departure from Canada, not less than 10 working days before the day of their departure; and

    • (c) any return to Canada, not more than 10 working days after the day of their return.

  • Marginal note:Cessation of reporting requirements

    (4) The reporting requirements in subsections (1) to (3) cease to apply to the designated foreign national on the day on which they become a permanent resident.

  • SOR/2012-244, s. 1
 
Date modified: