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

Search

This Web page has been archived on the Web.

Balanced Refugee Reform Act (S.C. 2010, c. 8)

Full Document:  

Assented to 2010-06-29

2001, c. 27IMMIGRATION AND REFUGEE PROTECTION ACT

27.1 The Act is amended by adding the following after section 170:

Marginal note:Application for protection

170.1 In respect of an application for protection under subsection 112(1), the Refugee Protection Division

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

  • (b) must provide the Minister, on request, with the documentary evidence and written submissions of the applicant that are referred to in paragraph 113(b.1);

  • (c) must give notice of any hearing to the Minister and the applicant;

  • (d) subject to paragraph 113(a), must — if a hearing is held — give the applicant and the Minister the opportunity to present evidence, question witnesses and make submissions;

  • (e) may question the witnesses, including the applicant;

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

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

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

  • 28. (1) Paragraph 171(a) of the Act is replaced by the following:

    • (a) the Division must give notice of any hearing to the Minister and to the person who is the subject of the appeal;

    • (a.1) subject to subsection 110(4), if a hearing is held, the Division must give the person who is the subject of the appeal and the Minister the opportunity to present evidence, question witnesses and make submissions;

    • (a.2) the Division is not bound by any legal or technical rules of evidence;

    • (a.3) the Division may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances;

    • (a.4) the Minister may, after giving notice in accordance with the rules, intervene in the appeal, including for the purpose of filing submissions;

  • (2) Paragraph 171(c) of the French version of the Act is replaced by the following:

    • c) la décision du tribunal constitué de trois commissaires a la même valeur de précédent pour le tribunal constitué d’un commissaire unique et la Section de la protection des réfugiés que celle qu’une cour d’appel a pour une cour de première instance.

29. Section 172 of the Act is replaced by the following:

Marginal note:Composition

  • 172. (1) The Immigration Division consists of the Deputy Chairperson, Assistant Deputy Chairpersons and other members necessary to carry out its functions.

  • Marginal note:Public Service Employment Act

    (2) The members of the Immigration Division are appointed in accordance with the Public Service Employment Act.

30. Subsection 176(1) of the Act is replaced by the following:

Marginal note:Request

  • 176. (1) The Chairperson may request the Minister to decide whether any member of the Immigration Appeal Division or the Refugee Appeal Division should be subject to remedial or disciplinary measures for a reason set out in subsection (2).

31. Section 275 of the Act is replaced by the following:

Marginal note:Coming into force

275. Sections 73, 110, 111, 171, 194 and 195 come into force two years after the day on which the Balanced Refugee Reform Act receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.

TRANSITIONAL PROVISIONS

Marginal note:Humanitarian and compassionate considerations

32. Every request that is made under section 25 of the Immigration and Refugee Protection Act, as that Act read immediately before the day on which this Act receives royal assent, is to be determined in accordance with that Act as it read immediately before that day.

Marginal note:Refugee protection claim — Personal Information Form not yet submitted

  • 33. (1) The Immigration and Refugee Protection Act, as amended by this Act, applies to every claim for refugee protection made before the day on which this section comes into force if, before that day, the claimant has not submitted a Personal Information Form, as defined in section 1 of the Refugee Protection Division Rules, as they read immediately before that day, and the time limit for submitting that Form has not expired.

  • Marginal note:Day of interview

    (2) The day of the interview that the claimant referred to in subsection (1) must attend under subsection 100(4) of the Immigration and Refugee Protection Act, as enacted by subsection 11(2), is to be fixed by an official of the Immigration and Refugee Board.

Marginal note:Refugee protection claim — Personal Information Form submitted

  • 34. (1) The Immigration and Refugee Protection Act, as amended by this Act, except subsections 100(4) and (4.1), applies to every claim for refugee protection made before the day on which this section comes into force if, before that day,

    • (a) the claimant has submitted a Personal Information Form, as defined in section 1 of the Refugee Protection Division Rules, as they read immediately before that day; and

    • (b) there has been no hearing before the Refugee Protection Division in respect of the claim or, if there has been a hearing, no substantive evidence has been heard.

  • Marginal note:Interview

    (2) The claimant referred to in subsection (1) must attend an interview with an official of the Immigration and Refugee Board, if required to do so, on the date fixed by the official in accordance with the Refugee Protection Division Rules and must produce any supplementary documents and information that the official considers necessary.

Marginal note:Substantive evidence heard

  • 35. (1) Every claim for refugee protection in respect of which substantive evidence has been heard before the day on which subsection 18(1) comes into force by a single member or a panel of three members of the Refugee Protection Division appointed under paragraph 153(1)(a) of the Immigration and Refugee Protection Act, as it read immediately before that day, must continue to be heard by that single member or panel in accordance with that Act, as it read immediately before that day.

  • Marginal note:Single member unable to continue

    (2) If the single member is unable to continue to hear the claim, the claim must be referred to a member of the Refugee Protection Division referred to in section 169.1 of the Immigration and Refugee Protection Act, as enacted by section 26, and that member must commence a new hearing in accordance with that Act, as amended by this Act.

  • Marginal note:Member of panel unable to continue

    (3) If a member of the panel referred to in subsection (1) is unable to continue to hear the claim, the claim must continue to be heard by one of the two remaining members in accordance with the Immigration and Refugee Protection Act, as it read immediately before the day on which subsection 18(1) comes into force.

Marginal note:No appeal to Refugee Appeal Division

  • 36. (1) A decision made by the Refugee Protection Division before the day on which this section comes into force is not subject to appeal to the Refugee Appeal Division.

  • Marginal note:No waiting period

    (2) The person in respect of whom the decision was made is not required to wait for the expiry of the 12-month period referred to in paragraph 112(2)(b.1) of the Immigration and Refugee Protection Act, as enacted by subsection 15(3), before making an application under subsection 112(1) or (1.1) of that Act.

Marginal note:Decision set aside in judicial review

37. If a decision referred to in subsection 36(1) is set aside in a judicial review, the claim for refugee protection must be referred to a member of the Refugee Protection Division referred to in section 169.1 of the Immigration and Refugee Protection Act, as enacted by section 26.

Marginal note:Application for protection

37.1 An application for protection that is made before the day on which subsection 15(1) comes into force is to be considered in accordance with the Immigration and Refugee Protection Act, as that Act read immediately before that day.

Marginal note:Application for protection

38. For greater certainty, paragraph 112(2)(b.1) of the Immigration and Refugee Protection Act, as enacted by subsection 15(3), does not apply if, before the day on which this section comes into force, an application for protection is made under subsection 112(1) of that Act.

Marginal note:Non-application

39. Paragraph 25(1.2)(b) of the Immigration and Refugee Protection Act, as enacted by subsection 4(1), does not apply to a refugee claimant whose claim is pending before the Refugee Protection Division on the day on which section 36 comes into force.

Marginal note:Non-application

40. Paragraph 25(1.2)(c) of the Immigration and Refugee Protection Act, as enacted by subsection 4(1), does not apply to a refugee claimant whose claim is rejected or determined to be withdrawn or abandoned by the Refugee Protection Division before the day on which section 36 comes into force.

Table of Contents

 

Date modified: