(a) the senior immigration officer is satisfied that the person has made more than one claim to be a Convention Refugee; and

    (b) the claim that was referred to the Refugee Division is not the first claim to have been referred to a senior immigration officer with respect to that person.

Effect

(2) On being notified pursuant to subsection (1), the Refugee Division shall terminate its consideration of the claim and any decision made by the Refugee Division in respect of the claim is null and void.

Fraudulent claims

46.4 (1) Where a person's claim has been referred to the Refugee Division and a senior immigration officer is satisfied that the decision with respect to the eligibility of the person to have their claim referred was based on fraud or a misrepresentation of a material fact and the person would not otherwise be eligible to have their claim referred, the senior immigration officer shall forthwith

    (a) make a determination that the person is ineligible to have their claim referred to the Refugee Division; and

    (b) notify the Refugee Division of that determination.

Effect

(2) On being notified pursuant to subsection (1), the Refugee Division shall terminate its consideration of the claim and any decision made by the Refugee Division in respect of the claim is null and void.

Application of s. 46.1

(2) Section 46.1 of the Act, as enacted by subsection (1), applies to any claim that has been referred to the Refugee Division on or before the day on which that section comes into force but in respect of which the Refugee Division has not made a determination.

Application of ss. 46.3 and 46.4

(3) Section 46.3 of the Act or section 46.4 of the Act, as enacted by subsection (1), as the case may be, applies to any claim that has been referred to the Refugee Division on or before the day on which that section comes into force.

12. Subsection 53(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (a), by adding the word ``or'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (c) the person is a person described in subparagraph 27(1)(a.1)(i) and the Minister is of the opinion that the person constitutes a danger to the public in Canada; or

    (d) the person is a person described in paragraph 27(1)(d) who has been convicted of an offence under any Act of Parliament for which a term of imprisonment of ten years or more may be imposed and the Minister is of the opinion that the person constitutes a danger to the public in Canada.

R.S., c. 28, (4th Supp.), s. 18

13. (1) The portion of subsection 70(1) of the Act before paragraph (a) is replaced by the following:

Appeals by permanent residents and persons in possession of returning resident permits

70. (1) Subject to subsections (4) and (5), where a removal order or conditional removal order is made against a permanent resident or against a person lawfully in possession of a valid returning resident permit issued to that person pursuant to the regulations, that person may appeal to the Appeal Division on either or both of the following grounds, namely,

R.S., c. 28, (4th Supp.), s. 18

(2) The portion of subsection 70(2) of the Act before paragraph (a) is replaced by the following:

Appeals by convention refugees and persons with visas

(2) Subject to subsections (3) to (5), an appeal lies to the Appeal Division from a removal order or conditional removal order made against a person who

R.S., c. 28, (4th Supp.), s. 18

(3) Subsection 70(4) of the Act is replaced by the following:

Limitation

(3.1) No appeal may be made to the Appeal Division by a person with respect to whom a certificate has been filed under subsection 40.1(1) where it has been determined, pursuant to paragraph 40.1(4)(d), that the certificate is reasonable.

Where limited right of appeal

(4) A person described in subsection (1) or paragraph (2)(a) against whom a deportation order or conditional deportation order is made may appeal to the Appeal Division on any ground of appeal that involves a question of law or fact, or mixed law and fact, where the person is

    (a) a person, other than a person described in subsection (5), with respect to whom a certificate referred to in subsection 40(1) has been issued; or

    (b) a person, other than a person described in subsection (3.1), who has been determined by an adjudicator to be a member of an inadmissible class described in paragraph 19(1)(e), (f), (g), (j) or (l).

Where limited right of appeal

(5) No appeal may be made to the Appeal Division by a person described in subsection (1) or paragraph (2)(a) or (b) against whom a deportation order or conditional deportation order is made where the Minister is of the opinion that the person constitutes a danger to the public in Canada and the person has been determined by an adjudicator to be

    (a) a member of an inadmissible class described in paragraph 19(1)(c), (c.1), (c.2) or (d);

    (b) a person described in paragraph 27(1)(a.1); or

    (c) a person described in paragraph 27(1)(d) who has been convicted of an offence under any Act of Parliament for which a term of imprisonment of ten years or more may be imposed.

Exception

(6) Where the Appeal Division directs that the execution of a deportation order or conditional deportation order be stayed, the direction is of no effect and, notwithstanding subsection 74(2), the Appeal Division may not review the case, where the Minister is of the opinion that the person has breached the terms and conditions set by the Appeal Division and that the person constitutes a danger to the public in Canada and the person has been determined by an adjudicator to be

    (a) a member of an inadmissible class described in paragraph 19(1)(c), (c.1), (c.2) or (d);

    (b) a person described in paragraph 27(1)(a.1); or

    (c) a person described in paragraph 27(1)(d) who has been convicted of an offence under any Act of Parliament for which a term of imprisonment of ten years or more may be imposed.

Application of s. 70(5)

(4) Subsection 70(5) of the Act, as enacted by subsection (3), applies to an appeal that has been made on or before the coming into force of that subsection and in respect of which the hearing has not been commenced, but a person who has made such an appeal may, within fifteen days after the person has been notified that, in the opinion of the Minister, the person constitutes a danger to the public in Canada, make an application for judicial review under section 82.1 of the Act with respect to the deportation order or conditional deportation order referred to in subsection 70(5).

R.S., c. 28 (4th Supp.), s. 18

14. Section 71 of the Act is replaced by the following:

Appeal by Minister

71. The Minister may appeal to the Appeal Division from a decision by an adjudicator in the course of an inquiry on any ground of appeal that involves a question of law or fact or mixed law and fact.

1992, c. 49, s. 68(2)

15. (1) The portion of subsection 77(3) of the Act before paragraph (a) is replaced by the following:

Appeals by sponsors

(3) Subject to subsections (3.01), (3.02) and (3.1), a Canadian citizen or permanent resident who has sponsored an application for landing that is refused pursuant to subsection (1) may appeal to the Appeal Division on either or both of the following grounds:

(2) Section 77 of the Act is amended by adding the following after subsection (3):

Limitation

(3.01) No appeal lies to the Appeal Division under subsection (3) in respect of a person

    (a) with respect to whom a certificate has been filed under subsection 40.1(1) where it has been determined, pursuant to paragraph 40.1(4)(d), that the certificate is reasonable; or

    (b) who is a member of an inadmissible class described in paragraph 19(1)(c), (c.1), (c.2) or (d) where the Minister is of the opinion that the person constitutes a danger to the public in Canada.

Application of s. 77(3.01)

(3) Subsection 77(3.01) of the Act, as enacted by subsection (2), applied to an appeal that has been made on or before the coming into force of that subsection and in respect of which the hearing has not been commenced, but a person who has made such an appeal may, within fifteen days after the person has been notified that, in the opinion of the Minister, the person constitutes a danger to the public in Canada, make an application for judicial review under section 82.1 of the Act with respect to the matter that was the subject of the decision made under subsection 77(1).

1992, c. 49, s. 74(1)

16. Paragraph 85(1)(a) of the Act is replaced by the following:

    (a) to the country from which that person came to Canada or to such other country as the Minister may approve at the request of the company, in the case of a person who is allowed to leave Canada pursuant to subsection 20(1) or 23(4), (4.01) or (4.2) or who is required to leave Canada by reason of the making of a rejection order;

1992, c. 49, s. 79

17. Paragraph 90(2)(b) of the Act is replaced by the following:

    (b) has been allowed to leave Canada pursuant to subsection 20(1) or 23(4), (4.01) or (4.2); or

18. (1) Subsection 94(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (l), by adding the word ``or'' at the end of paragraph (m) and by adding the following after paragraph (m):

    (n) imports or exports, by mail or otherwise, in order to contravene this Act or the regulations, a visa, passport or other travel document, any document or thing that may serve to establish the identity of a person or any document or thing purporting to be any of those document or things.

(2) Section 94 of the Act is amended by adding the following after subsection (1):

Proof of offence

(1.1) Proof that a person imported or exported a forged document or a document or thing referred to in paragraph (1)(n) that is blank, incomplete, altered or not genuine is, in the absence of evidence to the contrary, proof that the person intends to contravene this Act or the regulations.

1992, c. 49, s. 94(1)

19. (1) Subsection 103(1) of the Act is replaced by the following:

Warrant for arrest

103. (1) The Deputy Minister or a senior immigration officer may issue a warrant for the arrest and detention of any person where

    (a) an examination or inquiry is to be held, a decision is to be made pursuant to subsection 27(4) or a removal order or conditional removal order has been made with respect to the person; and

    (b) in the opinion of the Deputy Minister or that officer, there are reasonable grounds to believe that the person poses a danger to the public or would not appear for the examination, inquiry or proceeding in relation to the decision or for removal from Canada.

1992, c. 49, s. 94(4)

(2) Subsection 103(6) of the Act is replaced by the following:

Review of decision for detention

(6) Where any person is detained pursuant to this Act for an examination, inquiry or removal and the examination, inquiry or removal does not take place within forty-eight hours after that person is first placed in detention, or where a decision has not been made pursuant to subsection 27(4) within that period, that person shall be brought before an adjudicator forthwith and the reasons for the continued detention shall be reviewed, and thereafter that person shall be brought before an adjudicator at least once during the seven days immediately following the expiration of the forty-eight hour period and thereafter at least once during each thirty day period following each previous review, at which times the reasons for continued detention shall be reviewed.

1994, c. 26, s. 35

20. Section 105 of the Act is replaced by the following:

Where person in institution

105. (1) Notwithstanding the Corrections and Conditional Release Act, the Prisons and Reformatories Act or any Act of a provincial legislature, where a warrant has been issued or an order has been made pursuant to subsection 103(1) or (3) with respect to any person who is incarcerated in any place of confinement pursuant to the order of any court or other body, the Deputy Minister may issue an order to the person in charge of the place directing that

    (a) the person continue to be detained until the expiration of the sentence to which the person is subject or until the expiration of the sentence or term of confinement as reduced by the operation of any statute or other law or by an act of clemency; and

    (b) the person be delivered, at the expiration of the sentence or term of confinement referred to in paragraph (a), to an immigration officer to be taken into custody.

Temporary absences

(2) Nothing in subsection (1) shall limit the authority of any person, pursuant to any Act referred to in that subsection, to grant an escorted temporary absence pursuant to any of those Acts.

21. (1) Subsection 110(2) of the Act is amended by adding the following after paragraph (a.2):

    (a.3) examine at a port of entry or any other place in Canada, for the purposes of this Act or the regulations, any visa, passport or other travel document, any document or thing that may serve to establish the identity of a person or any document or thing purporting to be any of those documents or things that is imported into or about to be imported into or exported from Canada.

(2) Paragraphs 110(2)(b) and (c) of the Act are replaced by the following:

    (b) seize and hold at a port of entry or any other place in Canada any thing or document if the immigration officer believes on reasonable grounds that that action is required to facilitate the carrying out of any provision of this Act or the regulations; and

    (c) for the purposes of this Act and the regulations, seize and hold any thing or document if the immigration officer believes on reasonable grounds that it has been fraudulently or improperly obtained or used or that action is necessary to prevent its fraudulent or improper use.

(3) Section 110 of the Act is amended by adding the following after subsection (2):

Interpretation

(2.01) Notwithstanding subsection 42(2) of the Canada Post Corporation Act, a thing or document that is detained under the Customs Act and seized by an immigration officer under paragraph (2)(b) or (c) is not in the course of post for the purposes of the first-named Act.

1992, c. 49, s. 107

22. Subsection 121(1) of the Act is replaced by the following:

Delegation of authority

121. (1) Subject to subsection (1.1), the Minister or the Deputy Minister, as the case may be, may authorize such persons employed in the public service of Canada as the Minister or Deputy Minister deems proper to exercise any of the powers and perform any of the duties and functions that may be or are required to be exercised or performed by the Minister or Deputy Minister, as the case may be, under this Act or the regulations.

Exception

(1.1) The Minister or the Deputy Minister, as the case may be, may not authorize the exercising of the powers or the performing of the duties and functions referred to in subsection 9(5), paragraphs 19(1)(c.2), (f), (k) and (l), subsections 39(2), 40(1) and 40.1(1), subparagraph 46.01(1)(e)(ii), paragraph 53(1)(b) and subsections 81(2) and 82(1).