Automatic removal stay restored for a bounded group of refugee claimants denied an appeal

Policy effect

Effective June 19, 2014, SOR/2014-166 restored the pre-December 15, 2012 automatic removal-stay rule for judicial-review leave applications concerning Refugee Protection Division rejections that would have been appealable to the Refugee Appeal Division except for section 167 of the Economic Action Plan 2013 Act, No. 1. That cohort had claims referred after August 14 and before December 15, 2012, with rejection decisions taking effect after June 26, 2013. Applications for leave made before or after commencement qualify, but a pre-commencement application does not qualify if a specified event ending the stay had already occurred. Other independent appeal bars remain outside the cohort, including designated foreign nationals, designated-country cases, no-credible-basis or manifestly-unfounded claims, the statutory safe-third-country exception category, withdrawn or abandoned claims, and cessation or vacation decisions. The stay retains the serious-criminality and United States/St. Pierre and Miquelon entry-report exceptions, and does not apply to an application to extend the filing time. It lasts only until the earliest applicable refusal of leave or judicial review, expiry of a specified appeal period without an appeal, or dismissal/refusal at the Federal Court of Appeal or Supreme Court stages described in former section 231(1)(a)–(e). It does not restore Refugee Appeal Division appeal rights.

Conditions and exceptions

Validated condition or limit: Effective June 19, 2014, SOR/2014-166 restored the pre-December 15, 2012 automatic removal-stay rule for judicial-review leave applications concerning Refugee Protection Division rejections that would have been appealable to the Refugee Appeal Division except for section 167 of the Economic Action Plan 2013 Act, No.; That cohort had claims referred after August 14 and before December 15, 2012, with rejection decisions taking effect after June 26, 2013.; Applications for leave made before or after commencement qualify, but a pre-commencement application does not qualify if a specified event ending the stay had already occurred.; Other independent appeal bars remain outside the cohort, including designated foreign nationals, designated-country cases, no-credible-basis or manifestly-unfounded claims, the statutory safe-third-country exception category, withdrawn or abandoned claims, and…

Official source excerpt

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

Canada Gazette – Regulations Amending the Regulations Amending the Immigration and Refugee Protection Regulations (Amendment Consequential to the Economic Action Plan 2013 Act, No. 1) Skip to main content Skip to "About this site" Language selection Français fr / Gouvernement du Canada Search Search Canada Gazette gazette.gc.ca canada.ca Search Menu Main Menu Jobs and the workplace Immigration and citizenship Travel and tourism Business and industry Benefits Health Taxes Environment and natural resources National security and defence Culture, history and sport Policing, justice and emergencies Transport and infrastructure Canada and the world Money and finances Science and innovation Topics menu Canada.ca Canada Gazette Publications Part II: Vol. 148 (2014) July 2, 2014 Vol. 148, No. 14 — July 2, 2014 Registration SOR/2014-166 June 19, 2014 IMMIGRATION AND REFUGEE PROTECTION ACT Regulations Amending the Regulations Amending the Immigration and Refugee Protection Regulations (Amendment Consequential to the Economic Action Plan 2013 Act, No. 1) P.C. 2014-818 June 18, 2014 Whereas, pursuant to subsection 5(2) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), the Minister of Public Safety and Emergency Preparedness has caused a copy of the proposed Regulations Amending the Regulations Amending the Immigration and Refugee Protection Regulations (Amendment Consequential to the Economic Action Plan 2013 Act, No. 1) to be laid before each House of Parliament, substantially in the annexed form; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 5(1) and section 53 (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), makes the annexed Regulations Amending the Regulations Amending the Immigration and Refugee Protection Regulations (Amendment Consequential to the Economic Action Plan 2013 Act, No. 1). REGULATIONS AMENDING THE REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS (AMENDMENT CONSEQUENTIAL TO THE ECONOMIC ACTION PLAN 2013 ACT, NO. 1) AMENDMENT 1. The Regulations Amending the Immigration and Refugee Protection Regulations (see footnote 1) are amended by adding the following after section 2: CONSEQUENTIAL AMENDMENT — SECTION 167 OF THE ECONOMIC ACTION PLAN 2013 ACT, NO. 1 2.1 Despite section 1, subsections 231(1) and (2) of the Immigration and Refugee Protection Regulations, as they read on December 14, 2012, apply in the case where an application for leave for judicial review in accordance with section 72 of the Immigration and Refugee Protection Act has been made before the day on which this section comes into force or is made on or after that day in respect of a decision of the Refugee Protection Division rejecting the applicant’s claim for protection if (a) the decision of the Refugee Protection Division is one that could have been or could be appealed to the Refugee Appeal Division but for section 167 of the Economic Action Plan 2013 Act, No. 1; and (b) in respect of an application for leave made before the day on which this section comes into force, none of the events described in paragraphs (a) to (e) of subsection 231(1) of the Immigration and Refugee Protection Regulations, as they read on December 14, 2012, has occurred before the day on which this section comes into force. 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 A regulatory amendment is required to align the Immigration and Refugee Protection Regulations (IRPRs) with recent legislative amendments brought forward through the Economic Action Plan 2013 Act, No. 1 (EAPA). As a result of the EAPA, some failed refugee claimants inadvertently lost an automatic stay of removal. Consequently, these individuals are put into the position where they must apply for a judicial stay of the removal or be removed from Canada. This regulatory proposal seeks to reinstate an automatic stay of removal for those failed refugee claimants. Background Legislative and regulatory framework The Immigration and Refugee Protection Act (IRPA) governs Canada’s refugee system. The Immigration and Refugee Protection Regulations (IRPRs) are made under the IRPA. The IRPA provisions regarding refugee claims are administered and enforced through the IRPRs. Refugee Reform The Refugee Reform initiative introduced major reforms to Canada’s refugee status determination system that are intended to deliver faster decisions, deter abuse and quickly remove un successful refugee claimants. The foundation for this initiative was two pieces of legislation: the Balanced Refugee Reform Act (BRRA) and the Protecting Canada’s Immigration System Act (PCISA). On June 29, 2010, the BRRA received royal assent. The BRRA is intended to improve Canada’s refugee system, take on more refugees from abroad and make it easier for refugees to settle in Canada. Further amendments were made to the IRPA through the PCISA, which received royal assent on June 28, 2012. The PCISA strengthened and enhanced changes introduced through the BRRA. The changes to IRPA, made through the BRRA and PCISA, directly affected provisions in the IRPRs. Departmental responsibilities Three federal entities are the most directly responsible for immigration and refugee matters under the IRPA and the IRPRs: Citizenship and Immigration Canada (CIC); the Immigration and Refugee Board (IRB) and the Canada Border Services Agency (CBSA). Citizenship and Immigration Canada CIC has overall responsibility for immigration and refugee matters. It is responsible for selecting immigrants, issuing visitor visas and granting citizenship. CIC also selects refugees abroad for resettlement in Canada and determines the eligibility of refugee protection claims made in Canada before referring eligible …

Review method

Source-based draft with independent Gemini 3.8 Flash verification

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