Canadian Refugee Procedure, IRPR ss. 159.91-159.92 - Appeal to Refugee Appeal Division

IRPR ss. 159.91 - 159.92

The text of the relevant sections of the Immigration and Refugee Protection Regulations[1] read:

Appeal to Refugee Appeal Division

Time limit for appeal
159.91 (1) Subject to subsection (2), for the purpose of subsection 110(2.1) of the Act,
(a) the time limit for a person or the Minister to file an appeal to the Refugee Appeal Division against a decision of the Refugee Protection Division is 15 days after the day on which the person or the Minister receives written reasons for the decision; and
(b) the time limit for a person or the Minister to perfect such an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision.

Extension
(2) If the appeal cannot be filed within the time limit set out in paragraph 1)(a) or perfected within the time limit set out in paragraph (1)(b), the Refugee Appeal Division may, for reasons of fairness and natural justice, extend each 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 after that time limit.

Commentary

For commentary on the interpretation of s. 159.91(2) regarding extensions of time to file an appeal, see the commentary to RAD Rule 2: Canadian Refugee Procedure/RAD Rules Part 1 - Rules Applicable to Appeals Made by a Person Who Is the Subject of an Appeal#RAD Rule 2: Filing appeal. Section 110(3.1) of the IRPA provides that unless a hearing is held, the Refugee Appeal Division must make a decision within the time limits set out in the regulations: Canadian Refugee Procedure/110-111 - Appeal to Refugee Appeal Division#IRPA Section 110(3.1): Time limit for making a decision.

References

• ↑ Immigration and Refugee Protection Regulations, SOR/2002-227

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