E/CN.4/2001/83/Add.1
page 8
28.
The Immigration and Review Board, which is regulated in section VI of the Immigration
Act, is responsible for the process of determining refugee status in accordance with the 1951
Convention and the 1967 Protocol. It handles examinations of immigration applications and
reviews of detentions, and reports to Parliament on its activities and decisions through the
Minister of Citizenship and Immigration. Although both organizations perform different roles,
there are shared responsibilities and many of their actions complement one another, as indicated
in the information provided by the Government. The federal organizations and the departments,
the provincial governments, the various professional bodies and NGOs play a crucial role of
cooperation with the Board. The Board comprises three divisions: the Convention Refugee
Determination Division, the Immigration Appeal Division and the Adjudication Division.
29.
The Convention Refugee Determination Division is responsible for handling refugee
claims made within Canada. It is also responsible for refusing refugee status when it is
determined that such status has been fraudulently obtained, and for termination of status when a
refugee has secured the protection of his country of origin. The Immigration Appeal Division
deals with appeals against deportation orders and cases of termination of sponsorship in order to
secure permanent residence. The Adjudication Division is responsible for examinations of
persons subject to examination, removal or deportation procedures, and for reviews of detention.
Examinations are carried out in respect of persons who are believed to belong to inadmissible
classes or persons whose deportation from Canada may be appropriate.
30.
During the whole process of determination of status, the claimant has the right to speak
for himself or to be represented by a lawyer, a relative or a friend. In the event of acceptance
of the claim, the claimant, as previously stated, may apply for permanent resident status
within 180 days. Immediate family members may be included in the application. However, a
claimant may not be granted leave to apply for permanent residence if he does not have
satisfactory identity documents or if that person or any dependant is inadmissible for criminal or
security reasons.
31.
When the Convention Refugee Determination Division decides that a claimant is not a
Convention refugee, it notifies the claimant explaining the reasons for the negative decision and
the possibilities of applying for a judicial review by the Federal Court. A person receiving such
notification has 30 days in which to leave the country voluntarily. However, he has 15 days in
which to file the application for a judicial review. With certain exceptions, according to the
Board, the person concerned has the right to remain in Canada pending the outcome of the
judicial review. The Federal Court decision may be appealed to the Federal Court of Appeal
only if the judge who rendered the decision states that a serious question of general importance is
involved.
32.
If the Board refuses a refugee claim and the claimant believes that he would be at risk on
return to his country of origin, he may apply for a review to determine whether he may be
covered by the so-called “post-determination refugee claimants in Canada (PDRCC)” class. This
possibility is open only to those persons who were originally considered eligible to claim refugee
status. The class was established in 1993 and amended in 1997 in the belief that persons who
might be exposed to personal risk if removed from Canada should have the opportunity to apply