加拿大難民程式/IRPR 第 159.91 條 - 向難民上訴司上訴

IRPR 第 159.91 條

《移民和難民保護條例》 中相關部分的文字如下所示：

Appeal to Refugee Appeal Division

Time limit for appeal
159.91 (1) Subject to subsection (2), for the purpose of subsection 110(2.1) of the Act,
(a) the time limit for a person or the Minister to file an appeal to the Refugee Appeal Division against a decision of the Refugee Protection Division is 15 days after the day on which the person or the Minister receives written reasons for the decision; and
(b) the time limit for a person or the Minister to perfect such an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision.

Extension
(2) If the appeal cannot be filed within the time limit set out in paragraph 1)(a) or perfected within the time limit set out in paragraph (1)(b), the Refugee Appeal Division may, for reasons of fairness and natural justice, extend each of those time limits by the number of days that is necessary in the circumstances.

Time limit for decision
159.92 (1) Subject to subsection (2), for the purpose of subsection 110(3.1) of the Act, except when a hearing is held under subsection 110(6) of the Act, the time limit for the Refugee Appeal Division to make a decision on an appeal is 90 days after the day on which the appeal is perfected.

Exception
(2) If it is not possible for the Refugee Appeal Division to make a decision on an appeal within the time limit set out in subsection (1), the decision must be made as soon as feasible after that time limit.

評論

關於對第 159.91(2) 條關於延長上訴期限的解釋的評論，請參閱 RAD 規則 2 的評論：加拿大難民程式/RAD 規則第一部分 - 適用於由上訴物件提出上訴的規則#RAD 規則 2：提出上訴.