2012

The New Refugee Determination System

Colin R. Singer
May 16, 2021

Operational Bulletin 440-A – June 29, 2012

The New Refugee Determination System

Summary

The new refugee determination system will change the way officers process certain applications. This Operational Bulletin (OB) provides an overview of the new refugee determination system. It also directs officers on where they could obtain further information on these changes.

Background

The Balanced Refugee Reform Act (under Bill C-11) received Royal Assent on June 29, 2010. This Act proposed various changes to the refugee protection system. The objectives of these changes is to provide:

The faster delivery of decisions
A deterrent against situations of abuse and,
Faster removal of people, who do not require the protection offered by Canada

OB 222 contains a refresher on these changes.

Subsequent to the Royal Assent given to the Balanced Refugee Reform Act (under Bill C-11) on June 29, 2010, came the Protecting Canada’s Immigration System Act (PCISA) [under Bill C-31]. The Protecting Canada’s Immigration System Act (PCISA) [under Bill C-31] received Royal Assent on June 28, 2012. It proposed additional reforms.

Most of the provisions prescribed by this new Act come into effect at a later date. However, some changes came into effect upon the receipt of Royal Assent. The changes that came into effect upon the receipt of Royal Assent included provisions concerning:

Humanitarian and Compassionate (H&C) applications and,
Pre-Removal Risk Assessments (PRRA)

The Changes in Effect as of Royal Assent

The table below outlines some of the major changes of the Act. It details where officers could find more information, concerning some of these changes.

Measures	Examples	Additional Information Provided in
Changes to Humanitarian and Compassionate (H&C) cases	A bar on Humanitarian and Compassionate (H&C) cases for people with pending refugee claims A 12-month bar following a rejected refugee claim at the Immigration and Refugee Board (IRB) – this includes the Refugee Protection Division (RPD) or the Refugee Appeal Division (RAD) Exceptions to the bars include: best interests of the child and life-threatening medical conditions Applicants can only make requests for Humanitarian and Compassionate (H&C) consideration in the context of an application for permanent residence or for a permanent resident visa	OB 440-B Dated: August 16, 2013
Changes to the Pre-Removal Risk Assessments (PRRA)	A 12-month bar on Pre-Removal Risk Assessments (PRRAs) following a rejected refugee claim at the Immigration and Refugee Board (IRB) – this includes the Refugee Protection Division (RPD) or the Refugee Appeal Division (RAD) or a previous Pre-Removal Risk Assessment (PRRA) Exemptions to the Pre-Removal Risk Assessment (PRRA) bar, will come into effect at a later date The retrospectivity of the Pre-Removal Risk Assessment (PRRA) bar [i.e. applying the 12-month bar to Pre-Removal Risk Assessment (PRRA) applications received prior to Royal Assent] will come into effect at a later date The transfer of the Pre-Removal Risk Assessment (PRRA) function to the Immigration and Refugee Board (IRB) – this transfer will occur at a date that the government will decide	OB 440-C (The authorities will re-issue OB 440-C along with the exemptions and the retrospective Pre-Removal Risk Assessments (PRRA) bar, at a later date
Designated Foreign Nationals (i.e. individuals who are part of an irregular arrival)	Restrictions on applications for permanent residence	OB 440-D Dated: August 30, 2012
Assisted Voluntary Return and Reintegration Pilot Program	Helping unsuccessful refugee claimants leave Canada voluntarily	Refer to the Canada Border Services Agency (CBSA) OB 436 Dated: July 03, 2012

The Changes that Will Come into Effect at the Coming into Force of the Protecting Canada’s Immigration System Act (PCISA)

The following table details the changes that will come into effect once the Protecting Canada’s Immigration System Act (PCISA) comes into effect.

The Changes to the Asylum System	Examples
The New Basis of Claim Form	The Immigration and Refugee Board (IRB) replacing the Personal Information form with a ‘Basis of Claim’ form
The changes to the ineligibility criteria	Refugee claim eligibility; changes to criminality-related ineligibility criteria
The scheduling responsibility for Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA) officers	New requirement for officers to schedule Refugee Protection Division (RPD) hearings
The timelines at the Immigration and Refugee Board (IRB)	Faster Refugee Protection Division (RPD) timelines
The Refugee Appeal Division (RAD)	The implementation of the Refugee Appeal Division (RAD)
The CIC Reviews and Interventions Pilot	New CIC Reviews and Interventions Pilot (program integrity, credibility of claim)
The cessation of refugee protection	The cessation of refugee protection; the automatic loss of permanent residence in certain cases
The Designated Countries of Origin (DCO)	Limitations for applicants from Designated Countries of Origin (DCO); accelerated processing; work permit restrictions; no access to the Refugee Appeal Division (RAD)