Canadian Refugee Procedure
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There are many books about the substance of refugee law, in Canada and internationally. They cover subjects such as what it means to have a well-founded fear of persecution and when a claimant has access to adequate state protection. This is not one of them. 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.
Annotated Refugee Protection Division Rules
- About the Refugee Protection Division Rules. This describes general interpretive principles for how the rules are to be approached and the authority for these rules.
- Interpretation and Definitions (Rule 1)
- Communicating with the Division (Rule 2)
- Information and Documents to be Provided (Rules 3-13). This section discusses the process for initially scheduling a hearing, the conduct of a hearing, the order of proceedings, and the information to be provided in advance of a hearing.
- Counsel of Record (Rules 14-16). This section discusses the process to appoint and remove counsel and the way that deficiencies in counsel's conduct are attributed to their client.
- Language of Proceedings (Rules 17-18)
- Interpreters (Rule 19)
- Designated Representatives (Rule 20)
- Disclosure of Personal Information (Rule 21)
- Specialized Knowledge (Rule 22)
- Allowing a Claim Without a Hearing (Rule 23)
- Conferences (Rule 24)
- Notice to Appear (Rule 25)
- Exclusion, Integrity Issues, Inadmissibility and Ineligibility (Rules 26-28)
- Intervention by the Minister (Rule 29)
- Claimant or Protected Person in Custody (Rule 30)
- Documents (Rules 31-43)
- Rule 31 - How to provide documents. Concerns the format of, numbering of, and creation of lists of documents.
- Rule 32 - Language of Documents
- Rule 43 - Additional documents provided after a hearing
- Witnesses (Rules 44-48)
- Applications (Rules 49-52)
- Changing the Location of a Proceeding (Rule 53)
- Changing the Date or Time of a Proceeding (Rule 54). This rule covers requests to change the date or time of a proceeding and to adjourn a proceeding sine die.
- Joining or Separating Claims or Applications (Rules 55-56)
- Proceedings Conducted in Public (Rule 57)
- Observers (Rule 58)
- Withdrawal (Rule 59)
- Reinstating a Withdrawn Claim or Application (Rules 60-61)
- Reopening a Claim or Application (Rules 62-63)
- Applications to Vacate or to Cease Refugee Protection (Rule 64)
- Abandonment (Rule 65)
- Notice of Constitutional Question (Rule 66)
- Decisions (Rules 67-68). Discusses rules for panels of a single member and three-member panels.
- General Provisions (Rules 69-71). These provisions govern what the Refugee Protection Division should do when there is no applicable rule to govern a matter, the process by which the Division may deviate from these rules, and the import of failing to follow the rules.
- Coming into Force (Rule 74)
- Guideline 8 - Concerning Procedures with Respect to Vulnerable Persons Appearing Before the Immigration and Refugee Board of Canada
- Guideline 9 - Proceedings Before the IRB Involving Sexual Orientation and Gender Identity and Expression
Annotated Immigration and Refugee Protection Regulations
- Regulations Regarding Documents and Certified Copies
- Regulations Regarding Disclosure of Personal Information
- Regulations Regarding Information Sharing Between Countries
- Section 159.9: Regulations Regarding Time Limits for Holding Hearings
- Section 159.8: Regulations Regarding Time Limits for Providing Documents
- Regulations Regarding Eligibility to Claim and Safe Third Countries
Annotated Immigration and Refugee Protection Act (IRPA) Provisions
- Provisions of the IRPA concerning refugees
- Jurisdictional provisions in the IRPA. This describes the jurisdiction of the Board.
- Section 165: Powers of a Member. This describes the powers of Board Members, including those provided by the Inquiries Act.
- Section 169: Decisions and Reasons. When the Board must provide written reasons.