加拿大難民程式/161 - 委員會和部門規則的功能
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< 加拿大難民程式
《移民和難民保護法》第 161 節規定
Functioning of Board Rules 161 (1) Subject to the approval of the Governor in Council, and in consultation with the Deputy Chairpersons, the Chairperson may make rules respecting (a) the referral of a claim for refugee protection to the Refugee Protection Division; (a.1) the factors to be taken into account in fixing or changing the date of the hearing referred to in subsection 100(4.1); (a.2) the activities, practice and procedure of each of the Divisions of the Board, including the periods for appeal, other than in respect of appeals of decisions of the Refugee Protection Division, the priority to be given to proceedings, the notice that is required and the period in which notice must be given; (b) the conduct of persons in proceedings before the Board, as well as the consequences of, and sanctions for, the breach of those rules; (c) the information that may be required and the manner in which, and the time within which, it must be provided with respect to a proceeding before the Board; and (d) any other matter considered by the Chairperson to require rules. Distinctions (1.1) The rules made under paragraph (1)(c) may distinguish among claimants for refugee protection who make their claims inside Canada on the basis of whether their claims are made at a port of entry or elsewhere or on the basis of whether they are nationals of a country that is, on the day on which their claim is made, a country designated under subsection 109.1(1).
第 161(1)(b) 段考慮了關於出現在 IRB 前的人員行為的規則的釋出。在關於《Mumtaz Khan》的決定中,委員會得出結論,該條款將委員會制定關於委員會程式中人員行為的規則的普通法權力編纂成法,但該條款並不限制委員會在事先對不當行為採取行動的權力。[1]
- ↑ 關於:Mumtaz Khan,2020 年 12 月 18 日,<https://irb-cisr.gc.ca/en/decisions/Pages/mumtaz-khan.aspx>(訪問於 2021 年 2 月 1 日)。