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Effect
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(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.
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Fraudulent
claims
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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
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Effect
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(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.
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Application of
s. 46.1
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(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.
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Application of
ss. 46.3 and
46.4
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(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.
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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):
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R.S., c. 28,
(4th Supp.),
s. 18
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13. (1) The portion of subsection 70(1) of
the Act before paragraph (a) is replaced by
the following:
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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,
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R.S., c. 28,
(4th Supp.),
s. 18
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(2) The portion of subsection 70(2) of the
Act before paragraph (a) is replaced by the
following:
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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
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R.S., c. 28,
(4th Supp.),
s. 18
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(3) Subsection 70(4) of the Act is replaced
by the following:
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Limitation
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(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.
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Where limited
right of appeal
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(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
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Where limited
right of appeal
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(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
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Exception
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(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
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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).
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R.S., c. 28
(4th Supp.),
s. 18
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14. Section 71 of the Act is replaced by the
following:
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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.
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1992, c. 49,
s. 68(2)
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15. (1) The portion of subsection 77(3) of
the Act before paragraph (a) is replaced by
the following:
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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:
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(2) Section 77 of the Act is amended by
adding the following after subsection (3):
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Limitation
|
(3.01) No appeal lies to the Appeal Division
under subsection (3) in respect of a person
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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).
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1992, c. 49,
s. 74(1)
|
16. Paragraph 85(1)(a) of the Act is
replaced by the following:
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1992, c. 49, s.
79
|
17. Paragraph 90(2)(b) of the Act is
replaced by the following:
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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):
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(2) Section 94 of the Act is amended by
adding the following after subsection (1):
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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.
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1992, c. 49,
s. 94(1)
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19. (1) Subsection 103(1) of the Act is
replaced by the following:
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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
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1992, c. 49,
s. 94(4)
|
(2) Subsection 103(6) of the Act is
replaced by the following:
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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.
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1994, c. 26, s.
35
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20. Section 105 of the Act is replaced by
the following:
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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
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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.
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21. (1) Subsection 110(2) of the Act is
amended by adding the following after
paragraph (a.2):
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(2) Paragraphs 110(2)(b) and (c) of the
Act are replaced by the following:
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(3) Section 110 of the Act is amended by
adding the following after subsection (2):
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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.
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1992, c. 49,
s. 107
|
22. Subsection 121(1) of the Act is
replaced by the following:
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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.
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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).
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