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| Name: | Balanced Refugee Reform Act [2010, c. 8]. |
| Country: | Canada |
| Subject(s): | Migrant workers |
| Type of legislation: | Law, Act |
| Adopted on: | 2010-06-29 |
| Entry into force: | |
| ISN: | CAN-2010-L-89041 |
| Link: | https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=89041&p_lang=en |
| Bibliography: | Legislation on-line in French and English  Department of Justice, Canada PDF (consulted on 2012-01-12) |
| Abstract/Citation: | This enactment amends the Immigration and Refugee Protection Act, primarily in respect of the processing of refugee claims referred to the Immigration and Refugee Board. In particular, the enactment: (a) provides for the referral of a refugee claimant to an interview with an Immigration and Refugee Board official, who is to collect information and schedule a hearing before the Refugee Protection Division; (b) provides that the members of the Refugee Protection Division are appointed in accordance with the Public Service Employment Act; (c) provides for the coming into force, no more than two years after the day on which the enactment receives royal assent, of the provisions of the Immigration and Refugee Protection Act that permit a claimant to appeal a decision of the Refugee Protection Division to the Refugee Appeal Division; (d) authorizes the Minister to designate, in accordance with the process and criteria established by the regulations certain countries, parts of countries or classes of nationals; (e) provides clarification with respect to the type of evidence that may be put before the Refugee Appeal Division and the circumstances in which that Division may hold a hearing; (f) prohibits a person whose claim for refugee protection has been rejected from applying for a temporary resident permit or applying to the Minister for protection if less than 12 months have passed since their claim was rejected; (g) authorizes the Minister, in respect of applications for protection, to exempt nationals, or classes of nationals, of a country or part of a country from the 12-month prohibition; (h) provides clarification with respect to the Minister¿s authority to grant permanent resident status or an exemption from any obligations of the Act on humanitarian and compassionate grounds or on public policy grounds; (i) limits the circumstances in which the Minister may examine requests for permanent resident status or for an exemption from any obligations of the Act on humanitarian and compassionate grounds; and (j) enacts transitional provisions respecting the processing of pending claims by the Minister or the Immigration and Refugee Board. The enactment also amends the Federal Courts Act to increase the number of Federal Court judges. |
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