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Expedited Asylum Claim Timelines and Work Permit Restrictions for Designated Countries of Origin

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada
Operative dateDecember 19, 2012
CategoryAsylum and refugee protection
Policy toolAdjudication procedures and work authorization
Affected groupAsylum claimants / designated country of origin claimants

Policy effect

Establishes binding procedural time limits for refugee protection claims and appeals (including 15 days for port of entry Basis of Claim submission, 30 to 45 days for Designated Country of Origin hearings before the Refugee Protection Division, and 60 days for non-DCO hearings) and restricts issuance of work permits to DCO claimants until at least 180 days have passed without a decision. Phase scope: National scope governing all in-Canada refugee claimants with bifurcated timelines for DCO vs non-DCO applicants.

Conditions and exceptions

Validated condition or limit: Establishes binding procedural time limits for refugee protection claims and appeals (including 15 days for port of entry Basis of Claim submission, 30 to 45 days for Designated Country of Origin hearings before the Refugee Protection Division, and 60 days for non-DCO hearings) and restricts issuance of work permits to DCO claimants until at least 180 days have passed without a decision.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… ing after section 159.7: DIVISION 3.1 CLAIM FOR REFUGEE PROTECTION — TIME LIMITS Documents and Information Time limit — provision of documents and information to officer 159.8 (1) For the purpose of subsection 99(3.1) of the Act, a person who makes a claim for refugee protection inside Canada other than at a port of entry must provide an officer with the documents and information referred to in that subsection not later than the day on which the officer determines the eligibility of their claim under subsection 100(1) of the Act. Time limit — provision of documents and information to Refugee P … rotection Division (2) Subject to subsection (3), for the purpose of subsection 100(4) of the Act, a person who makes a claim for refugee protection inside Canada at a port of entry must provide the Refugee Protection Division with the documents and information referred to in subsection 100(4) not later than 15 days after the day on which the claim is referred to that Division. Extension (3) If the documents and information cannot be provided within the time limit set out in subsection (2), the Refugee Protection Division may, for reasons of fairness and natural justice, extend that time limit … by the number of days that is necessary in the circumstances. Hearing Before Refugee Protection Division Time limits for hearing 159.9 (1) Subject to subsections (2) and (3), for the purpose of subsection 100(4.1) of the Act, the date fixed for the hearing before the Refugee Protection Division must be not later than (a) in the case of a claimant referred to in subsection 111.1(2) of the Act, (i) 30 days after the day on which the claim is referred to the Refugee Protection Division, if the claim is made inside Canada other than at a port of entry, and (ii) 45 days after the day on which the … claim is referred to the Refugee Protection Division, if the claim is made inside Canada at a port of entry; and (b) in the case of any other claimant, 60 days after the day on which the claim is referred to the Refugee Protection Division, whether the claim is made inside Canada at a port of entry or inside Canada other than at a port of entry. Exclusion (2) If the time limit set out in subparagraph (1)(a)(i) or (ii) or paragraph (1)(b) ends on a Saturday, that time limit is extended to the next working day. Exceptions (3) If the hearing cannot be held within the time limit set out in subpara … of those time limits by the number of days that is necessary in the circumstances. Time limit for decision 159.92 (1) Subject to subsection (2), for the purpose of subsection 110(3.1) of the Act, except when a hearing is held under subsection 110(6) of the Act, the time limit for the Refugee Appeal Division to make a decision on an appeal is 90 days after the day on which the appeal is perfected. Exception (2) If it is not possible for the Refugee Appeal Division to make a decision on an appeal within the time limit set out in subsection (1), the decision must be made as soon as feasible afte … r that time limit. 2. Section 206 of the Regulations is renumbered as subsection 206(1) and is amended by adding the following: Exception (2) Despite subsection (1), a work permit must not be issued to a claimant referred to in subsection 111.1(2) of the Act unless at least 180 days have elapsed since their claim was referred to the Refugee Protection Division. COMING INTO FORCE 3. These Regulations come into force on the day on which section 14.1 of the Balanced Refugee Reform Act, chapter 8 of the Statutes of Canada, 2010, comes into force, but if they are registered after that day, they com … menu Canada.ca Canada Gazette Publications Part II: Vol. 146 (2012) December 19, 2012 Vol. 146, No. 26 — December 19, 2012 Registration SOR/2012-252 November 30, 2012 IMMIGRATION AND REFUGEE PROTECTION ACT Regulations Amending the Immigration and Refugee Protection Regulations P.C. 2012-1589 November 29, 2012 Whereas, pursuant to subsection 5(2) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), the Minister of Citizenship and Immigration has caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations, substantially in the …
Canada Gazette, Part IICanada Gazette, Part II, Vol. 146, No. 26, SOR/2012-252Open official source
Retrieved from https://gazette.gc.ca/rp-pr/p2/2012/2012-12-19/html/sor-dors252-eng.html

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record repair-fcp5-7cbeb120608d37957aed. Something wrong? Flag this record.

Other Canada changes operative in 2012