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Immigration and Refugee Protection Act

s. 170 Proceedings

  • PART 4: Immigration and Refugee Board
  • Refugee Protection Division

Last verified: June 2026 · Source: justice.gc.ca

The law says

IRPA s. 170
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170 The Refugee Protection Division, in any proceeding before it,

  • (a)may inquire into any matter that it considers relevant to establishing whether a claim is well-founded;
  • (b)must hold a hearing;
  • (c)must notify the person who is the subject of the proceeding and the Minister of the hearing;
  • (d)must provide the Minister, on request, with the documents and information referred to in subsection 100(4);
  • (d.1)may question the witnesses, including the person who is the subject of the proceeding;
  • (e)must give the person and the Minister a reasonable opportunity to present evidence, question witnesses and make representations;
  • (f)may, despite paragraph (b), allow a claim for refugee protection without a hearing, if the Minister has not notified the Division, within the period set out in the rules of the Board, of the Minister’s intention to intervene;
  • (g)is not bound by any legal or technical rules of evidence;
  • (h)may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances; and
  • (i)may take notice of any facts that may be judicially noticed, any other generally recognized facts and any information or opinion that is within its specialized knowledge.

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Sections numbered under s. 170

Each of these is its own section of the Act, numbered after section 170.

IRPA s. 170.2

No reopening of claim or application

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What that means

Once the Refugee Appeal Division or the Federal Court has made a final decision on a claim, the Refugee Protection Division cannot reopen it. That holds even if someone argues the first hearing was unfair.

The law says

170.2 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, an application for protection or an application for cessation or vacation, in respect of which the Refugee Appeal Division or the Federal Court, as the case may be, has made a final determination.