Vol. 145, No. 32 — August 6, 2011
Regulations Amending the Immigration and Refugee Protection Regulations

The Balanced Refugee Reform Act (BRRA), which received Royal Assent on June 29, 2010, introduces changes to the Immigration and Refugee Protection Act (IRPA) that will improve Canada’s asylum system, resettle more refugees from abroad, and make it easier for refugees to start their lives in this country.

It is proposed that the reference to the Refugee Protection Division (RPD) of the IRB in subsection 231(1) of the Regulations be replaced with a reference to the RAD. This change will ensure that subsection 231(1) remains consistent with paragraph 72(2)(a) of the IRPA.

The RAD, a division of the IRB that will hear appeals from asylum claimants who have received negative determinations from the RPD, will be brought into force at the same time as the BRRA in late 2011. Therefore, as of the implementation of the BRRA, the RAD will represent the last administrative recourse at the IRB available to an asylum claimant. In other words, under the BRRA, asylum claimants who wish to make an application to the Federal Court for leave for judicial review must first appeal their claims with the RAD. Consequently, the provision in subsection 231(1) of the Regulations must be amended because it identifies the RPD, not the RAD, as the last administrative recourse available to unsuccessful asylum claimants.

Latest news on implementing refugee reform

  • On June 30, 2011, proposed regulatory changes regarding: the repeal of the requirement for protected persons to apply for permanent residence within 180 days of acceptance of their refugee claim; the one-year bar on accessing a pre-removal risk assessment; and other technical amendments to the Immigration and Refugee Protection Act were pre-published in Canada Gazette Part I.
  • Effective April 1, 2011, applications for pre-removal risk assessments (PRRA) and humanitarian and compassionate (H&C) consideration have been transferred to a new office in Vancouver.
  • On March 18, 2011, proposed regulatory changes regarding processing time lines and designated countries of origin were pre-published in Canada Gazette Part I.
  • January 27, 2011 – Backlog reduction plan for pre-removal risk assessment applications and applications for permanent residence based on humanitarian and compassionate considerations.
  • On November 4, 2010, regulatory changes to the humanitarian and compassionate provisions of the Immigration and Refugee Protection Regulations came into effect. Canada Gazette Part II

Canada’s new asylum system

Under these reforms, all eligible asylum claimants will continue to receive a fair hearing based on their personal situation and will have avenues for appeal.

The new measures include:

Frequently asked questions

See also:

Refugee Appeal Division Rules (RAD Rules)

Moving ahead with refugee reform

Bill C-11: The Balanced Refugee Reform Act