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Bill C-11

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    (d) the number of temporary resident permits issued under section 24, categorized according to grounds of inadmissibility, if any; and

    (e) the number of persons granted permanent resident status under subsection 25(1).

PART 2

REFUGEE PROTECTION

DIVISION 1

REFUGEE PROTECTION, CONVENTION REFUGEES AND PERSONS IN NEED OF PROTECTION

Conferral of refugee protection

95. (1) Refugee protection is conferred on a foreign national when

    (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;

    (b) the Board determines the foreign national to be a Convention refugee or a person in need of protection; or

    (c) except in the case of a foreign national described in subsection 112(3), the Minister allows an application for protection.

Protected person

(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).

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,

    (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

    (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.

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

    (a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or

    (b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if

      (i) the foreign national is unable or, because of that risk, unwilling to avail themself of the protection of that country,

      (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,

      (iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and

      (iv) the risk is not caused by the inability of that country to provide adequate health or medical care.

Person in need of protection

(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.

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.

DIVISION 2

CONVENTION REFUGEES AND PERSONS IN NEED OF PROTECTION

Claim for Refugee Protection

Claim

99. (1) A claim for refugee protection may be made in or outside Canada.

Claim outside Canada

(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.

Claim inside Canada

(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.

Permanent resident

(4) An application to become a permanent resident made by a protected person is governed by Part 1.

Examination of Eligibility to Refer Claim

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.

Decision

(2) The officer shall suspend consideration of the eligibility of the foreign national's claim if

    (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

    (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.

Consideration of claim

(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.

Duty of claimant

(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.

Ineligibility

101. (1) A claim is ineligible to be referred to the Refugee Protection Division if

    (a) refugee protection has been conferred on the claimant under this Act;

    (b) a claim for refugee protection by the claimant has been rejected by the Board;

    (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;

    (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;

    (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

    (f) the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.

Serious criminality

(2) A claim is not ineligible by reason of serious criminality under paragraph (1)(f) unless

    (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

    (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.

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

    (a) designating countries that comply with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture;

    (b) making a list of those countries and amending it as necessary; and

    (c) respecting the circumstances and criteria for the application of paragraph 101(1)(e).

Factors

(2) The following factors are to be considered in designating a country under paragraph (1)(a):

    (a) whether the country is a party to the Refugee Convention and to the Convention Against Torture;

    (b) its policies and practices with respect to claims under the Refugee Convention and with respect to obligations under the Convention Against Torture;

    (c) its human rights record; and

    (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.

Review

(3) The Governor in Council must ensure the continuing review of factors set out in subsection (2) with respect to each designated country.

Suspension or Termination of Consideration of Claim

Suspension

103. (1) Proceedings of the Refugee Protection Division and of the Refugee Appeal Division are suspended on notice by an officer that

    (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

    (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.

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.

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

    (a) the claim is ineligible under paragraphs 101(1)(a) to (e);

    (b) the claim is ineligible under paragraph 101(1)(f);

    (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

    (d) the claim is not the first claim that was received by an officer in respect of the claimant.

Termination and nullification

(2) A notice given under the following provisions has the following effects:

    (a) if given under any of paragraphs (1)(a) to (c), it terminates pending proceedings in the Refugee Protection Division respecting the claim;

    (b) if given under any of paragraphs (1)(a) to (c), it terminates pending proceedings in the Refugee Appeal Division respecting the claim;

    (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

    (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.

Extradition Procedure

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.

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.

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.

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.

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.

Claimant Without Identification

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.

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.

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.

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:

    (a) the foreign national has voluntarily reavailed themself of the protection of their country of nationality;

    (b) the foreign national has voluntarily reacquired their nationality;

    (c) the foreign national has acquired a new nationality and enjoys the protection of the country of that new nationality;

    (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

    (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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