Canadian Refugee Procedure/Print version

This is a book about the legal processes involved in claiming refugee status in Canada, focusing particularly on the Refugee Protection Division Rules of the Immigration and Refugee Board of Canada. Tens of thousands of people file a claim for refugee protection in Canada every year. The ensuing process that they navigate is governed by the set of laws described herein.

=Preliminary= =About this text=

=Glossary=

=History of refugee procedure in Canada=

=Procedural Fairness and Natural Justice= =Principles for the interpretation of refugee procedure=

=The Board's inquisitorial mandate=

=The right to be heard and the right to a fair hearing=

=The right to an unbiased decision-maker=

=The right to an independent decision-maker=

=Appropriate decorum and propriety at a refugee hearing=

=Chairperson Guidelines=

=Annotated Refugee Protection Division Rules= =Interpretation and Definitions (RPD Rule 1)=

=Communicating with the Division (RPD Rule 2)=

=Information and Documents to be Provided (RPD Rules 3-13)=

=Counsel of Record (RPD Rules 14-16)=

=Language of Proceedings (RPD Rules 17-18)=

=Interpreters (RPD Rule 19)=

=Designated Representatives (RPD Rule 20)=

=Disclosure of Personal Information (RPD Rule 21)=

= Specialized Knowledge (RPD Rule 22)=

= Allowing a Claim Without a Hearing (RPD Rule 23)=

=Conferences (RPD Rule 24)=

=Notice to Appear (RPD Rule 25)=

=Exclusion, Integrity Issues, Inadmissibility and Ineligibility (RPD Rules 26-28)=

=Intervention by the Minister (RPD Rule 29)=

=Claimant or Protected Person in Custody (RPD Rule 30)=

=Documents (RPD Rules 31-43)=

=Witnesses (RPD Rules 44-48)=

=Applications (RPD Rules 49-52)=

=Changing the Location of a Proceeding (RPD Rule 53)=

=Changing the Date or Time of a Proceeding (RPD Rule 54)=

=Joining or Separating Claims or Applications (RPD Rules 55-56)=

=Proceedings Conducted in Public (RPD Rule 57)=

=Observers (RPD Rule 58)=

=Withdrawal (RPD Rule 59)=

=Reinstating a Withdrawn Claim or Application (RPD Rules 60-61)=

=Reopening a Claim or Application (RPD Rules 62-63)=

=Applications to Vacate or to Cease Refugee Protection (RPD Rule 64)=

=Abandonment (RPD Rule 65)=

=Notice of Constitutional Question (RPD Rule 66)=

=Decisions (RPD Rules 67-68)=

=General Provisions (RPD Rules 69-71)=

=Coming into Force (RPD Rule 74)=

=Schedules to the RPD Rules=

=Annotated Refugee Appeal Division Rules= =Interpretation and Definitions (RAD Rule 1)=

=Rules Applicable to Appeals Made by a Person Who Is the Subject of an Appeal (RAD Rules Part 1)=

=Rules Applicable to Appeals Made by the Minister (RAD Rules Part 2)=

=Rules Applicable to All Appeals (RAD Rules Part 3)=

=Rules Applicable to an Appeal for Which a Hearing Is Held (RAD Rules Part 4)=

=Coming into Force (RAD Rule 69)=

=Schedule to the RAD Rules=

=Annotated Immigration and Refugee Protection Regulations= =IRPR s. 13: Regulations Regarding Documents and Certified Copies=

=IRPR s. 13.11: Regulations Regarding Disclosure of Personal Information=

=IRPR s. 22: Misrepresentation=

=IRPR ss. 28-52: Conduct of Examination=

=IRPR ss. 159-159.7: Regulations Regarding Eligibility to Claim and Safe Third Countries=

=IRPR s. 159.8: Regulations Regarding Time Limits for Providing Documents=

=IRPR s. 159.9: Regulations Regarding Time Limits for Holding Hearings=

=IRPR s. 159.91: Regulations Regarding Time Limits for Appeals=

=IRPR ss. 315.21, et al.: Regulations Regarding Information Sharing Between Countries=

=Annotated Immigration and Refugee Protection Act (IRPA) Provisions= =Summary of provisions of the IRPA concerning refugees=

=IRPA Sections 2-3: Definitions, objectives, and application of the IRPA=

=IRPA Sections 4-6: Enabling Authority=

=IRPA Sections 15-17: Immigration to Canada - Examination=

=IRPA Sections 20.1-20.2: Designated Foreign Nationals=

=IRPA Section 25: Humanitarian and compassionate considerations=

=IRPA Section 31.1: Refugee Travel Document=

=IRPA Sections 33-43: Inadmissibility=

=IRPA Sections 44-53: Loss of Status and Removal=

=IRPA Sections 72-75: Judicial Review=

=IRPA Sections 91-91.1: Representation or Advice=

=IRPA Sections 95-97: Refugee Protection, Convention Refugees and Persons in Need of Protection=

=IRPA Section 98: Exclusion — Refugee Convention=

=IRPA Section 99: Claim for Refugee Protection=

=IRPA Sections 100-102: Examination of Eligibility to Refer Claim=

=IRPA Sections 103-104: Suspension or Termination of Consideration of Claim=

=IRPA Section 106: Claimant Without Identification - Credibility=

=IRPA Section 107: Decision on Claim for Refugee Protection=

=IRPA Section 108: Cessation of Refugee Protection=

=IRPA Section 109: Applications to Vacate=

=IRPA Section 109.1: Designated Countries of Origin=

=IRPA Sections 110-111: Appeal to Refugee Appeal Division=

=IRPA Sections 112-114: Pre-Removal Risk Assessment (PRRA)=

=IRPA Sections 115-116: Principle of Non-refoulement=

=IRPA Sections 133-136: Prosecution of Offences=

=IRPA Section 150.1: Sharing of Information=

=IRPA Section 140: Seizure=

=IRPA Section 153: Chairperson and other members=

=IRPA Section 154: Disposition after member ceases to hold office=

=IRPA Section 155: Disposition if member unable to take part=

=IRPA Section 156: Immunity and no summons=

=IRPA Section 159: Duties of Chairperson=

=IRPA Section 161: Functioning of Board and Division Rules=

=IRPA Section 162: The jurisdiction of the Board and its obligation to proceed quickly and informally=

=IRPA Section 163: Composition of Panels=

=IRPA Section 164: Presence of parties and use of telecommunications for hearings=

=IRPA Section 165: Powers of a Member=

=IRPA Section 166: Proceedings must be held in the absence of the public=

=IRPA Section 167: Right to counsel and representation by a designated representative=

=IRPA Section 168: Abandonment of proceeding=

=IRPA Section 169: Decisions and Reasons=

=IRPA Section 169.1 - Composition=

=IRPA Section 170: Proceedings=

=IRPA Section 170.2: No reopening of claim or application=

=IRPA Section 171: Proceedings=

=IRPA Section 170.1: No reopening of appeal=

=Related Legislation= =Charter of Rights and Freedoms=

=Official Languages Act=

=Privacy Act=