Canadian Refugee Procedure/IRPR ss. 338-347 - Division 5 - Refugee Protection

IRPR ss. 338-347

The text of the relevant sections of the Immigration and Refugee Protection Regulations read:

DIVISION 5
Refugee Protection

Refugee protection
338 Refugee protection is conferred under the Immigration and Refugee Protection Act on a person who
(a) has been determined in Canada before the coming into force of this section to be a Convention refugee and
(i) no determination was made to vacate that determination, or
(ii) no determination was made that the person ceased to be a Convention refugee;
(b) as an applicant or an accompanying dependant was granted landing before the coming into force of this section after being issued a visa under
(i) section 7 of the former Regulations, or
(ii) section 4 of the Humanitarian Designated Classes Regulations; or
(c) was determined to be a member of the post-determination refugee claimants in Canada class before the coming into force of this section and was granted landing under section 11.4 of the former Regulations or who becomes a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

Rejection of a claim for refugee protection
339 A determination made in Canada before the coming into force of this section that a person is not a Convention refugee is deemed to be a claim for refugee protection rejected by the Board.

Ineligibility
340 A determination made before the coming into force of this section that a person is not eligible to have their Convention refugee claim determined by the Convention Refugee Determination Division is deemed to be a determination that the claim is ineligible to be referred to the Refugee Protection Division.

Withdrawal and abandonment
341 A claim to be a Convention refugee that was withdrawn or declared to be abandoned before the coming into force of this section is deemed to be a claim determined to be withdrawn or abandoned under the Immigration and Refugee Protection Act.

Eligibility
342 A claim made in Canada to be a Convention refugee in respect of which a determination of eligibility was not made before the coming into force of this section is deemed to be a claim for refugee protection made in Canada that is received on the day on which this section comes into force.

Redetermination of eligibility
343 Subject to section 191 of the Immigration and Refugee Protection Act, a claim of a person who was determined eligible before the coming into force of this section to have a claim to be a Convention refugee determined by the Convention Refugee Determination Division, and in respect of which no determination was made by that Division, is a claim that
(a) is referred under the Immigration and Refugee Protection Act to the Refugee Protection Division unless an officer gives notice under subsection 104(1) of that Act; and
(b) is subject to the provisions of that Act.

Cessation of refugee protection
344 A determination made in Canada before the coming into force of this section that a person has ceased to be a Convention refugee is deemed to be a determination by the Board that refugee protection has ceased.

Vacation
345 A decision made in Canada before the coming into force of this section to approve an application to reconsider and vacate a determination that a person is a Convention refugee is deemed to be a determination by the Board to vacate a decision to allow a claim for refugee protection.

Post-determination refugee claimants in Canada class
346 (1) An application for landing as a member of the post-determination refugee claimants in Canada class in respect of which no determination of whether the applicant is a member of that class was made before the coming into force of this section is an application for protection under sections 112 to 114 of the Immigration and Refugee Protection Act and those sections apply to the application.

Notification re additional submissions
(2) Before a decision is made on the application, the applicant shall be notified that they may make additional submissions in support of their application.

Decision
(3) A decision on the application shall not be made until 30 days after notification is given to the applicant.

Giving notification
(4) Notification is given
(a) when it is given by hand to the applicant; or
(b) if it is sent by mail, seven days after the day on which it was sent to the applicant at the last address provided by them to the Department.

Stay of removal
(5) For greater certainty, the execution of a removal order made under the former Act against an applicant referred to in subsection (1) is stayed, and the stay is effective until the earliest of the applicable events described in section 232 occurs.

Application for landing — Convention refugees
347 (1) If landing was not granted before the coming into force of this section, an application for landing submitted under section 46.04 of the former Act is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

Application for landing — undocumented Convention refugee in Canada class
(2) If landing was not granted before June 28, 2002, an application for landing as a member of the undocumented Convention refugee in Canada class is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

Application for landing — post-determination refugee claimants in Canada class
(3) If landing was not granted before the coming into force of this section, an application for landing submitted by a person pursuant to a determination that the person is a member of the post-determination refugee claimants in Canada class is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.