Certified Questions on Re-Opening Refugee Hearings

The Federal Court has certified the following two questions:

(1) Does section 170.2 of the Immigration and Refugee Protection Act, where it states, “The Refugee Protection Division does not have jurisdiction to reopen on any ground – including a failure to observe a principle of natural justice – a claim for refugee protection … in respect of which the Refugee Appeal Division or the Federal Court … has made a final determination”, withdraw jurisdiction from the Refugee Protection Division to decide questions of law and, by implication, constitutionality, arising under that provision?

(2) In spite of the availability of other possible applications under the Immigration and Refugee Protection Act, does section 170.2 of the Immigration and Refugee Protection Actunjustifiably breach a claimant’s rights under section 7 of theCharter of Rights and Freedoms such that the provision must be found unconstitutional and declared to be of no force and effect?

Answers will be posted when the Federal Court decides.


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