Canadian Refugee Procedure/Timelines

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Immigration and Refugee Protection Regulations[edit]

The text of the relevant section of the Immigration and Refugee Protection Regulations[1] reads:

Hearing Before Refugee Protection Division

Time limits for hearing
159.9 (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.

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.

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.

Commentary[edit]

For a discussion of the issues raised in the interpretation of this regulation, see the commentary for the following RPD Rules: Canadian Refugee Procedure/Changing the Date or Time of a Proceeding

References[edit]

  1. Immigration and Refugee Protection Regulations, SOR/2002-227