Clarification of End of Examination for Refugee Claimants (SOR/2018-60)

Policy effect

Amends section 37 of the Immigration and Refugee Protection Regulations to define when the examination of a person who makes a claim for refugee protection ends, establishing that it terminates on the later of an eligibility determination under section 101 or determination by the Refugee Protection Division under section 107, and the completion of a decision under subsection 44(2). Phase scope: entire

Conditions and exceptions

Validated condition or limit: Amends section 37 of the Immigration and Refugee Protection Regulations to define when the examination of a person who makes a claim for refugee protection ends, establishing that it terminates on the later of an eligibility determination under section 101 or determination by the Refugee Protection Division under section 107, and the completion of a decision under subsection 44(2).

Official source excerpt

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

37 of the Immigration and Refugee Protection Regulations footnote1 before paragraph (a) is replaced by the following: End of examination 37 (1) Subject to subsection (2), the examination of a person who seeks to enter Canada, or who makes an application to transit through Canada, ends only when (2) Section 37 of the Regulations is amended by adding the following after subsection (1): End of examination — claim for refugee protection (2) The examination of a person who makes a claim for refugee protection at a port of entry or inside Canada other than at a port of entry ends when the later of the following occurs: (a) an officer determines that their claim is ineligible under section 101 of the Act or the Refugee Protection Division accepts or rejects their claim under section 107 of the Act; (b) a decision in respect of the person is made under subsection 44(2) of the Act and, in the case of a claim made at a port of entry, the person leaves the port of entry. Coming into Force 2 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The Immigration and Refugee Protection …

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2018

• 2018-01-11Modification of citizenship revocation decision-maker under Bill C-6
• 2018-01-24Mandatory Refusal to Allow Application Withdrawal During Inadmissibility Reporting (SOR/2018-5)
• 2018-03-10Moratorium on Farm Management Applications under the Federal Self-Employed Persons Class
• 2018-03-27Permanent Regulatory Repeal of the Cumulative Duration Rule for Temporary Foreign Workers (SOR/2018-61)
• 2018-04-11Transition of Start-up Business Class into Permanent Regulatory Program (SOR/2018-72)
• 2018-06-01Temporary Public Policy Regarding Excessive Demand on Health and Social Services
• 2018-06-05Regulations Amending the Immigration and Refugee Protection Regulations
• 2018-06-26Express Entry ITA Application Submission Window Reduction
• 2018-07-31Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2018-128)
• 2018-10-17Alignment of Inadmissibility Grounds with the Cannabis Act (SOR/2018-170)
• 2018-11-02Streamlined Administrative Enforcement of Unenforced Removal Orders Abroad (SOR/2018-232)
• 2018-11-23Work Permit Exemption for Registered Indians (SOR/2018-249)
• 2018-11-30Regulations Amending the Citizenship Regulations (SOR/2018-264)