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

Regulations are current to 2022-05-02 and last amended on 2022-04-26. Previous Versions

PART 8Refugee Classes (continued)

DIVISION 3Determination of Eligibility of Claim (continued)

Marginal note:Non-application — claimants at land ports of entry and in transit

 Paragraph 101(1)(e) of the Act does not apply if a claimant establishes, in accordance with subsection 100(4) of the Act, that the claimant

  • (a) is charged in the United States with, or has been convicted there of, an offence that is punishable with the death penalty in the United States; or

  • (b) is charged in a country other than the United States with, or has been convicted there of, an offence that is punishable with the death penalty in that country.

  • (c) [Repealed, SOR/2009-210, s. 1]

  • SOR/2004-217, s. 2
  • SOR/2009-210, s. 1

Marginal note:Temporal operation

  •  (1) For the purposes of paragraph 101(1)(e) of the Act, the application of all or part of sections 159.1 to 159.6 and this section is discontinued, in accordance with subsections (2) to (6), if

    • (a) a notice of suspension of the Agreement setting out the period of suspension is publicized broadly in the various regions of Canada by the Minister via information media and on the website of the Department;

    • (b) a notice of renewal of the suspension of the Agreement setting out the period of renewal of suspension is published in accordance with subsection (6);

    • (c) a notice of suspension of a part of the Agreement is issued by the Government of Canada and the Government of the United States; or

    • (d) a notice of termination of the Agreement is issued by the Government of Canada or the Government of the United States.

  • Marginal note:Paragraph (1)(a) — notice of suspension of Agreement

    (2) Subject to subsection (3), if a notice of suspension of the Agreement is publicized under paragraph (1)(a), sections 159.2 to 159.6 are rendered inoperative for a period of up to three months that shall be set out in the notice, which period shall begin on the day after the day on which the notice is publicized.

  • Marginal note:Paragraph (1)(b) — notice of renewal of suspension of Agreement

    (3) If a notice of renewal of the suspension of the Agreement is published under paragraph (1)(b), sections 159.2 to 159.6 are rendered inoperative for the further period of up to three months set out in the notice.

  • Marginal note:Paragraph (1)(c) — suspension of part of Agreement

    (4) If a notice of suspension of part of the Agreement is issued under paragraph (1)(c), those provisions of these Regulations relating to the application of the Agreement that are referred to in the notice are rendered inoperative for a period that shall be set out in the notice. All other provisions of these Regulations continue to apply.

  • Marginal note:Paragraph (1)(d) — termination of Agreement

    (5) If a notice of termination of the Agreement is issued under paragraph (1)(d), sections 159.1 to 159.6 and this section cease to have effect on the day set out in the notice.

  • Marginal note:Publication requirement — Canada Gazette

    (6) Any notice referred to in paragraph (1)(b), (c) or (d) shall be published in the Canada Gazette, Part I, not less than seven days before the day on which the renewal, suspension in part or termination provided for in the notice is effective.

  • SOR/2004-217, s. 2

DIVISION 3.1Claim for Refugee Protection — Time Limits

Documents and Information

Marginal note:Time limit — provision of documents and information to officer

  •  (1) For the purpose of subsection 99(3.1) of the Act, a person who makes a claim for refugee protection inside Canada other than at a port of entry must provide an officer with the documents and information referred to in that subsection not later than the day on which the officer determines the eligibility of their claim under subsection 100(1) of the Act.

  • Marginal note:Time limit — provision of documents and information to Refugee Protection Division

    (2) Subject to subsection (3), for the purpose of subsection 100(4) of the Act, a person who makes a claim for refugee protection inside Canada at a port of entry must provide the Refugee Protection Division with the documents and information referred to in subsection 100(4) not later than 15 days after the day on which the claim is referred to that Division.

  • Marginal note:Extension

    (3) If the documents and information cannot be provided within the time limit set out in subsection (2), the Refugee Protection Division may, for reasons of fairness and natural justice, extend that time limit by the number of days that is necessary in the circumstances.

  • SOR/2012-252, s. 1

Hearing Before Refugee Protection Division

Marginal note:Time limits for hearing

  •  (1) Subject to subsections (2) and (3), for the purpose of subsection 100(4.1) of the Act, the date fixed for the hearing before the Refugee Protection Division must be not later than

    • (a) in the case of a claimant referred to in subsection 111.1(2) of the Act,

      • (i) 30 days after the day on which the claim is referred to the Refugee Protection Division, if the claim is made inside Canada other than at a port of entry, and

      • (ii) 45 days after the day on which the claim is referred to the Refugee Protection Division, if the claim is made inside Canada at a port of entry; and

    • (b) in the case of any other claimant, 60 days after the day on which the claim is referred to the Refugee Protection Division, whether the claim is made inside Canada at a port of entry or inside Canada other than at a port of entry.

  • Marginal note:Exclusion

    (2) If the time limit set out in subparagraph (1)(a)(i) or (ii) or paragraph (1)(b) ends on a Saturday, that time limit is extended to the next working day.

  • Marginal note:Exceptions

    (3) If the hearing cannot be held within the time limit set out in subparagraph (1)(a)(i) or (ii) or paragraph (1)(b) for any of the following reasons, the hearing must be held as soon as feasible after that time limit:

    • (a) for reasons of fairness and natural justice;

    • (b) because of a pending investigation or inquiry relating to any of sections 34 to 37 of the Act; or

    • (c) because of operational limitations of the Refugee Protection Division.

  • SOR/2012-252, s. 1

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)

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
 
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