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Review
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(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
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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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Continuation
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(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
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104. (1) An officer may, with respect to a
claim that is before the Refugee Protection
Division or, in the case of paragraph (d), that
is before or has been determined by the
Refugee Protection Division or the Refugee
Appeal Division, give notice that an officer
has determined that
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Termination
and
nullification
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(2) A notice given under the following
provisions has the following effects:
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Extradition Procedure
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Suspension if
proceeding
under
Extradition
Act
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105. (1) The Refugee Protection Division
and Refugee Appeal Division shall not
commence, or shall suspend, consideration of
any matter concerning a person 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 person has been made.
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Continuation
if discharge
under
Extradition
Act
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(2) If the person 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
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(3) If the person 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
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(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
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(5) If the person has not made a claim for
refugee protection before the order of
surrender referred to in subsection (3), the
person may not do so before the surrender.
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Claimant Without Identification
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Credibility
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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
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Decision
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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
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(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
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Rejection
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108. (1) A claim for refugee protection shall
be rejected, and a person is not a Convention
refugee or a person in need of protection, in
any of the following circumstances:
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Cessation of
refugee
protection
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(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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Effect of
decision
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(3) If the application is allowed, the claim
of the person is deemed to be rejected.
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Exception
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(4) Paragraph (1)(e) does not apply to a
person who establishes that there are
compelling reasons arising out of previous
persecution, torture, treatment or punishment
for refusing to avail themselves of the
protection of the country which they left, or
outside of which they remained, due to such
previous persecution, torture, treatment or
punishment.
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Applications to Vacate
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Vacation of
refugee
protection
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109. (1) The Refugee Protection Division
may, on application by the Minister, vacate a
decision to allow a claim for refugee
protection, if it finds that the decision was
obtained as a result of directly or indirectly
misrepresenting or witholding material facts
relating to a relevant matter.
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Rejection of
application
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(2) The Refugee Protection Division may
reject the application if it is satisfied that other
sufficient evidence was considered at the time
of the first determination to justify refugee
protection.
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Allowance of
application
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(3) If the application is allowed, the claim
of the person is deemed to be rejected and the
decision that led to the conferral of refugee
protection is nullified.
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Appeal to Refugee Appeal Division
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Appeal
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110. (1) A person or the Minister may
appeal, in accordance with the rules of the
Board, on a question of law, of fact or of mixed
law and fact, to the Refugee Appeal Division
against a decision of the Refugee Protection
Division to allow or reject the person's claim
for refugee protection, or a decision of the
Refugee Protection Division rejecting an
application by the Minister for a
determination that refugee protection has
ceased or an application by the Minister to
vacate a decision to allow a claim for refugee
protection .
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Restriction on
appeals
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(2) A determination that a refugee
protection claim has been withdrawn or
abandoned may not be appealed.
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Procedure
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(3) The Refugee Appeal Division shall
proceed without a hearing, on the basis of the
record of the proceedings of the Refugee
Protection Division, and may accept written
submissions from the Minister, the person
who is the subject of the appeal, and a
representative or agent of the United Nations
High Commissioner for Refugees, and any
other person described in the rules of the
Board.
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Decision
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111. (1) After considering the appeal, the
Refugee Appeal Division shall make one of
the following decisions:
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Referrals
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(2) The Refugee Appeal Division shall
make the referral described in paragraph
(1)(c) if it is of the opinion that a hearing is
required or if it has allowed an appeal by the
Minister that was based on a question of the
claimant's credibility.
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DIVISION 3 |
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PRE-REMOVAL RISK ASSESSMENT |
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Protection
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Application
for protection
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112. (1) A person in Canada, other than a
person referred to in subsection 115(1), may,
in accordance with the regulations, apply to
the Minister for protection if they are subject
to a removal order that is in force or are named
in a certificate described in subsection 77(1).
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Exception
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(2) Despite subsection (1), a person may not
apply for protection if
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Restriction
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(3) Refugee protection may not result from
an application for protection if the person
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Considera- tion of application
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113. Consideration of an application for
protection shall be as follows:
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Effect of
decision
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114. (1) A decision to allow the application
for protection has
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Cancellation
of stay
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(2) If the Minister is of the opinion that the
circumstances surrounding a stay of the
enforcement of a removal order have changed,
the Minister may re-examine, in accordance
with paragraph 113(d) and the regulations, the
grounds on which the application was allowed
and may cancel the stay.
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Vacation of
determina- tion
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(3) If the Minister is of the opinion that a
decision to allow an application for protection
was obtained as a result of directly or
indirectly misrepresenting or witholding
material facts on a relevant matter, the
Minister may vacate the decision.
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Effect of
vacation
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(4) If a decision is vacated under subsection
(3), it is nullified and the application for
protection is deemed to have been rejected.
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Principle of Non-refoulement
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Protection
|
115. (1) A protected person or a person who
is recognized as a Convention refugee by
another country to which the person may be
returned shall not be removed from Canada to
a country where they would be at risk of
persecution for reasons of race, religion,
nationality, membership in a particular social
group or political opinion or at risk of torture
or cruel and unusual treatment or punishment.
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Exceptions
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(2) Subsection (1) does not apply in the case
of a person
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Removal of
refugee
|
(3) A person , after a determination under
paragraph 101(1)(e) that the person's claim is
ineligible, is to be sent to the country from
which the person came to Canada, but may be
sent to another country if that country is
designated under subsection 102(1) or if the
country from which the person came to
Canada has rejected their claim for refugee
protection.
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Regulations
|
116. The regulations may provide for any
matter relating to the application of this
Division, and may include provisions
respecting procedures to be followed with
respect to applications for protection and
decisions made under section 115, including
the establishment of factors to determine
whether a hearing is required .
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