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

Marginal note:Regulations

• 102. (1) The regulations may govern matters relating to the application of sections 100 and 101, may, for the purposes of this Act, define the terms used in those sections and, for the purpose of sharing responsibility with governments of foreign states for the consideration of refugee claims, may include provisions

  • (a) designating countries that comply with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture;

  • (b) making a list of those countries and amending it as necessary; and

  • (c) respecting the circumstances and criteria for the application of paragraph 101(1)(e).

• Marginal note:Factors

  (2) The following factors are to be considered in designating a country under paragraph (1)(a):

  • (a) whether the country is a party to the Refugee Convention and to the Convention Against Torture;

  • (b) its policies and practices with respect to claims under the Refugee Convention and with respect to obligations under the Convention Against Torture;

  • (c) its human rights record; and

  • (d) whether it is party to an agreement with the Government of Canada for the purpose of sharing responsibility with respect to claims for refugee protection.

• Marginal note:Review

  (3) The Governor in Council must ensure the continuing review of factors set out in subsection (2) with respect to each designated country.

Marginal note:Suspension

• 103. (1) Proceedings of the Refugee Protection Division and of the Refugee Appeal Division are suspended on notice by an officer that

  • (a) the matter has been referred to the Immigration Division to determine whether the claimant is inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality; or

  • (b) an officer considers it necessary to wait for a decision of a court with respect to a claimant who is charged with an offence under an Act of Parliament that may be punished by a maximum term of imprisonment of at least 10 years.

• Marginal note:Continuation

  (2) On notice by an officer that the suspended claim was determined to be eligible, proceedings of the Refugee Protection Division and of the Refugee Appeal Division shall continue.

Marginal note:Notice of ineligible claim

• 104. (1) An officer may, with respect to a claim that is before the Refugee Protection Division or, in the case of paragraph (d), that is before or has been determined by the Refugee Protection Division or the Refugee Appeal Division, give notice that an officer has determined that

  • (a) the claim is ineligible under paragraphs 101(1)(a) to (e);

  • (b) the claim is ineligible under paragraph 101(1)(f);

  • (c) the claim was referred as a result of directly or indirectly misrepresenting or withholding material facts relating to a relevant matter and that the claim was not otherwise eligible to be referred to that Division; or

  • (d) the claim is not the first claim that was received by an officer in respect of the claimant.

• Marginal note:Termination and nullification

  (2) A notice given under the following provisions has the following effects:

  • (a) if given under any of paragraphs (1)(a) to (c), it terminates pending proceedings in the Refugee Protection Division respecting the claim; and

  • (b) if given under paragraph (1)(d), it terminates proceedings in and nullifies any decision of the Refugee Protection Division or the Refugee Appeal Division respecting a claim other than the first claim.