Refugee Protection Division (RPD)
Statutory definition
The Refugee Protection Division is established by Part 4 of the Immigration and Refugee Protection Act, SC 2001, c 27. It is a division of the Immigration and Refugee Board of Canada (IRB). Under s 107, the RPD must, after considering a refugee claim, allow or reject the claim.
Explanation
The Refugee Protection Division (RPD) conducts hearings and makes decisions on refugee protection claims referred to it under s 100. Hearings are conducted by a single member (RPD member). The hearing is quasi-judicial — the claimant has the right to be represented by counsel, to present evidence, and to be heard.
The RPD assesses claims against the criteria in ss 96 and 97. If the claim succeeds, the claimant becomes a "protected person" and may apply for permanent residence. If rejected, the claimant may appeal to the Refugee Appeal Division (RAD) in most cases, and then apply to the Federal Court for judicial review.
How this term is used
RPD hearings typically occur several months to years after a claim is referred, depending on the claimant's nationality and the complexity of the case. The IRB publishes processing time data by country. Claimants must complete a Basis of Claim form before the hearing. Failure to appear without prior notification can result in the claim being declared abandoned.