Operational Bulletin 440-A - June 29, 2012
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
The new refugee determination system
This Operational Bulletin (OB) provides an overview of the new refugee determination system, which will change the way certain applications are processed. This OB provides direction on where to find details on the changes.
The Balanced Refugee Reform Act (under Bill C-11), which received Royal Assent on June 29, 2010, proposed changes to the refugee protection system that are intended to deliver faster decisions, deter abuse and quickly remove persons not in need of Canada’s protection.
For a refresher on these changes, see OB 222.
The Protecting Canada’s Immigration System Act (under Bill C-31), which received Royal Assent on June 28, 2012, proposed further reforms. While most of the provisions of this new Act come into effect at a later date, some changes, in particular those related to humanitarian and compassionate (H&C) applications and Pre-Removal Risk Assessments (PRRA), came into effect upon Royal Assent.
The tables below outline the major changes. Table 1 indicates where to find detailed information with respect to some of these changes.
Table 1 – Changes in effect as of Royal Assent
|Measures||Examples||For more details, refer to:|
|Changes to H&C||
||OB 440B (to be published at a later date)|
|Changes to the PRRA||
(OB 440C to be re-issued at a later date with exemptions and retrospective PRRA bar)
|Designated Foreign Nationals (individuals part of an irregular arrival)||
|Assisted Voluntary Return and Reintegration Pilot Program||
||See the Canada Border Services Agency (CBSA)’s OB 436|
Table 2 – Changes that will come into effect at coming-into-force of the Protecting Canada’s Immigration System Act
|Changes to Asylum System||Examples|
|New Basis of Claim Form||IRB replacing the Personal Information form with a ‘Basis of Claim’ form|
|Changes to ineligibility criteria||Refugee claim eligibility: changes to criminality-related ineligibility criteria|
|Scheduling responsibility for CIC or CBSA officers||New requirement for officers to schedule RPD hearings|
|Timelines at the IRB||Faster RPD timelines|
|Refugee Appeal Division (RAD)||Implementation of the RAD|
|CIC Reviews and Interventions Pilot||New CIC Reviews and Interventions Pilot (program integrity, credibility of claim)|
|Cessation of refugee protection||Cessation of refugee protection: automatic loss of permanent residence in certain cases|
|Designated Countries of Origin (DCO):||Limitations for DCO applicants: Accelerated processing; Work permit restrictions; No access to the RAD|
|Biometrics (Note: changes will not take effect until 2013)||Requiring biometric information from Temporary Resident Visa applicants|
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