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(d) the number of temporary resident
permits issued under section 24,
categorized according to grounds of
inadmissibility, if any; and
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(e) the number of persons granted
permanent resident status under subsection
25(1).
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| Conferral of
refugee
protection
|
95. (1) Refugee protection is conferred on
a foreign national when
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(a) the foreign national has been
determined to be a Convention refugee or a
person in similar circumstances under a
visa application and becomes a permanent
resident under the visa or a temporary
resident under a temporary resident permit
for protection reasons;
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(b) the Board determines the foreign
national to be a Convention refugee or a
person in need of protection; or
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(c) except in the case of a foreign national
described in subsection 112(3), the Minister
allows an application for protection.
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| Protected
person
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(2) A protected person is a foreign national
on whom refugee protection is conferred
under subsection (1), and whose claim or
application has not subsequently been deemed
to be rejected under subsection 108(3), 109(3)
or 114(4).
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| Convention
refugee
|
96. A Convention refugee is a person who,
by reason of a well-founded fear of
persecution for reasons of race, religion,
nationality, membership in a particular social
group or political opinion,
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(a) is outside each of their countries of
nationality and is unable or, by reason of
that fear, unwilling to avail themself of the
protection of each of those countries; or
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(b) not having a country of nationality, is
outside the country of their former habitual
residence and is unable or, by reason of that
fear, unwilling to return to that country.
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| Person in
need of
protection
|
97. (1) A person in need of protection is a
foreign national in Canada whose removal to
their country or countries of nationality or, if
they do not have a country of nationality, their
country of former habitual residence, would
subject them personally
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(a) to a danger, believed on substantial
grounds to exist, of torture within the
meaning of Article 1 of the Convention
Against Torture; or
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(b) to a risk to their life or to a risk of cruel
and unusual treatment or punishment if
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(i) the foreign national is unable or,
because of that risk, unwilling to avail
themself of the protection of that country,
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(ii) the risk would be faced by the foreign
national in every part of that country and
is not faced generally by other
individuals in or from that country,
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(iii) the risk is not inherent or incidental
to lawful sanctions, unless imposed in
disregard of accepted international
standards, and
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(iv) the risk is not caused by the inability
of that country to provide adequate
health or medical care.
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| Person in
need of
protection
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(2) A person in need of protection is also a
foreign national in Canada who is a member
of a class of persons prescribed by the
regulations as being in need of protection.
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| Exclusion -
Refugee
Convention
|
98. A person referred to in section E or F of
Article 1 of the Refugee Convention is not a
Convention refugee or a person in need of
protection.
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Claim for Refugee Protection
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| Claim
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99. (1) A claim for refugee protection may
be made in or outside Canada.
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| Claim outside
Canada
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(2) A claim for refugee protection made by
a foreign national outside Canada must be
made by making an application for a visa as a
Convention refugee or a person in similar
circumstances, and is governed by Part 1.
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| Claim inside
Canada
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(3) A claim for refugee protection made by
a foreign national inside Canada must be made
to an officer, may not be made by a person who
is subject to a removal order, and is governed
by this Part.
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| Permanent
resident
|
(4) An application to become a permanent
resident made by a protected person is
governed by Part 1.
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Examination of Eligibility to Refer Claim
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| Referral to
Refugee
Protection
Division
|
100. (1) An officer shall, within three
working days after receipt of a claim referred
to in subsection 99(3), determine whether the
claim is eligible to be referred to the Refugee
Protection Division and, if it is eligible, shall
refer the claim in accordance with the rules of
the Board.
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| Decision
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(2) The officer shall suspend consideration
of the eligibility of the foreign national's
claim if
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(a) a report has been referred for a
determination, at an admissibility hearing,
of whether the foreign national is
inadmissible on grounds of security,
violating human or international rights,
serious criminality or organized
criminality; or
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(b) the officer considers it necessary to wait
for a decision of a court with respect to a
claimant who is charged with an offence
under an Act of Parliament that is
punishable by a maximum term of
imprisonment of at least 10 years.
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| Consideration
of claim
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(3) The Refugee Protection Division may
not consider a claim until it is referred by the
officer. If the claim is not referred within the
three-day period referred to in subsection (1),
it is deemed to be referred, unless there is a
suspension or it is determined to be ineligible.
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| Duty of
claimant
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(4) The burden of proving that a claim is
eligible to be referred to the Refugee
Protection Division rests on the claimant, who
must answer truthfully all questions put to
them. If the claim is referred, the claimant
must produce all documents and information
as required by the rules of the Board.
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| Ineligibility
|
101. (1) A claim is ineligible to be referred
to the Refugee Protection Division if
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(a) refugee protection has been conferred
on the claimant under this Act;
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(b) a claim for refugee protection by the
claimant has been rejected by the Board;
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(c) a prior claim by the claimant was
determined to be ineligible to be referred to
the Refugee Protection Division, or to have
been withdrawn or abandoned;
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(d) the claimant has been recognized as a
Convention refugee by a country other than
Canada and can be sent or returned to that
country;
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(e) the claimant came directly or indirectly
to Canada from a country designated by the
regulations, other than a country of their
nationality or their former habitual
residence; or
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(f) the claimant has been determined to be
inadmissible on grounds of security,
violating human or international rights,
serious criminality or organized
criminality.
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| Serious
criminality
|
(2) A claim is not ineligible by reason of
serious criminality under paragraph (1)(f)
unless
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(a) in the case of inadmissibility by reason
of a conviction in Canada, the conviction is
for an offence under an Act of Parliament
punishable by a maximum term of
imprisonment of at least 10 years and for
which a sentence of at least two years was
imposed; or
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(b) in the case of inadmissibility by reason
of a conviction outside Canada, the
Minister is of the opinion that the foreign
national is a danger to the public in Canada
and the conviction is for an offence that, if
committed in Canada, would constitute an
offence under an Act of Parliament that is
punishable by a maximum term of
imprisonment of at least 10 years.
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| Regulations
|
102. (1) The regulations may govern
matters relating to the application of sections
100 and 101, may, for the purposes of this Act,
define the terms used in those sections and, for
the purpose of sharing responsibility with
governments of foreign states for the
consideration of refugee claims, may include
provisions
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(a) designating countries that comply with
Article 33 of the Refugee Convention and
Article 3 of the Convention Against
Torture;
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(b) making a list of those countries and
amending it as necessary; and
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(c) respecting the circumstances and
criteria for the application of paragraph
101(1)(e).
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| Factors
|
(2) The following factors are to be
considered in designating a country under
paragraph (1)(a):
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(a) whether the country is a party to the
Refugee Convention and to the Convention
Against Torture;
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(b) its policies and practices with respect to
claims under the Refugee Convention and
with respect to obligations under the
Convention Against Torture;
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(c) its human rights record; and
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(d) whether it is party to an agreement with
the Government of Canada for the purpose
of sharing responsibility with respect to
claims for refugee protection.
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| Review
|
(3) The Governor in Council must ensure
the continuing review of factors set out in
subsection (2) with respect to each designated
country.
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Suspension or Termination of Consideration
of Claim
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| Suspension
|
103. (1) Proceedings of the Refugee
Protection Division and of the Refugee
Appeal Division are suspended on notice by
an officer that
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(a) the matter has been referred to the
Immigration Division to determine whether
the claimant is inadmissible on grounds of
security, violating human or international
rights, serious criminality or organized
criminality; or
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(b) an officer considers it necessary to wait
for a decision of a court with respect to a
claimant who is charged with an offence
under an Act of Parliament that may be
punished by a maximum term of
imprisonment of at least 10 years.
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| Continuation
|
(2) On notice by an officer that the
suspended claim was determined to be
eligible, proceedings of the Refugee
Protection Division and of the Refugee
Appeal Division shall continue.
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| Notice of
ineligible
claim
|
104. (1) An officer may, with respect to a
claim before or, in the case of paragraphs (c)
and (d), determined by the Refugee Protection
Division or the Refugee Appeal Division, give
notice that an officer has determined that
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(a) the claim is ineligible under paragraphs
101(1)(a) to (e);
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(b) the claim is ineligible under paragraph
101(1)(f);
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(c) the claim was referred as a result of
directly or indirectly misrepresenting or
withholding material facts relating to a
relevant matter and that the claim was not
otherwise eligible to be referred to that
Division; or
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(d) the claim is not the first claim that was
received by an officer in respect of the
claimant.
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| Termination
and
nullification
|
(2) A notice given under the following
provisions has the following effects:
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(a) if given under any of paragraphs (1)(a)
to (c), it terminates pending proceedings in
the Refugee Protection Division respecting
the claim;
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(b) if given under any of paragraphs (1)(a)
to (c), it terminates pending proceedings in
the Refugee Appeal Division respecting the
claim;
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(c) if given under any of paragraphs (1)(a)
to (c), it nullifies any decision of the
Refugee Protection Division or the Refugee
Appeal Division respecting the claim; and
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(d) if given under paragraph (1)(d), it
terminates proceedings in and nullifies any
decision of the Refugee Protection Division
or the Refugee Appeal Division respecting
a claim other than the first claim.
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Extradition Procedure
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| Suspension if
proceeding
under
Extradition
Act
|
105. (1) The Refugee Protection Division
and Refugee Appeal Division shall not
commence, or shall suspend, consideration of
any matter concerning a foreign national
against whom an authority to proceed has
been issued under section 15 of the
Extradition Act with respect to an offence
under Canadian law that is punishable under
an Act of Parliament by a maximum term of
imprisonment of at least 10 years, until a final
decision under the Extradition Act with
respect to the discharge or surrender of the
foreign national has been made.
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| Continuation
if discharge
under
Extradition
Act
|
(2) If the foreign national is finally
discharged under the Extradition Act, the
proceedings of the applicable Division may be
commenced or continued as though there had
not been any proceedings under that Act.
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| Rejection if
surrender
under
Extradition
Act
|
(3) If the foreign national is ordered
surrendered by the Minister of Justice under
the Extradition Act and the offence for which
the person was committed by the judge under
section 29 of that Act is punishable under an
Act of Parliament by a maximum term of
imprisonment of at least 10 years, the order of
surrender is deemed to be a rejection of a
claim for refugee protection based on
paragraph (b) of Section F of Article 1 of the
Refugee Convention.
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| Final decision
|
(4) The deemed rejection referred to in
subsection (3) may not be appealed, and is not
subject to judicial review except to the extent
that a judicial review of the order of surrender
is provided for under the Extradition Act.
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| Limit if no
previous
claim
|
(5) If the foreign national has not made a
claim for refugee protection before the order
of surrender referred to in subsection (3), the
foreign national may not do so before the
surrender.
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Claimant Without Identification
|
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| Credibility
|
106. The Refugee Protection Division must
take into account, with respect to the
credibility of a claimant, whether the claimant
possesses acceptable documentation
establishing identity, and if not, whether they
have provided a reasonable explanation for
the lack of documentation or have taken
reasonable steps to obtain the documentation.
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|
Decision on Claim for Refugee Protection
|
|
| Decision
|
107. (1) The Refugee Protection Division
shall accept a claim for refugee protection if
it determines that the claimant is a Convention
refugee or person in need of protection, and
shall otherwise reject the claim.
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| No credible
basis
|
(2) If the Refugee Protection Division is of
the opinion, in rejecting a claim, that there was
no credible or trustworthy evidence on which
it could have made a favourable decision, it
shall state in its reasons for the decision that
there is no credible basis for the claim.
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|
Cessation of Refugee Protection
|
|
| Rejection
|
108. (1) A claim for refugee protection shall
be rejected, and a foreign national is not a
Convention refugee or a person in need of
protection, in any of the following
circumstances:
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|
(a) the foreign national has voluntarily
reavailed themself of the protection of their
country of nationality;
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|
(b) the foreign national has voluntarily
reacquired their nationality;
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(c) the foreign national has acquired a new
nationality and enjoys the protection of the
country of that new nationality;
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(d) the foreign national has voluntarily
become re-established in the country that
the foreign national left or remained outside
of and in respect of which the foreign
national claimed refugee protection in
Canada; or
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(e) the reasons for which the foreign
national sought refugee protection have
ceased to exist.
|
|
| Cessation of
refugee
protection
|
(2) On application by the Minister, the
Refugee Protection Division may determine
that refugee protection referred to in
subsection 95(1) has ceased for any of the
reasons described in subsection (1).
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