Section 107 — Decision — Refugee Protection Division
Text of provision
(1) The Refugee Protection Division shall accept a claim for refugee protection if it determines that the claimant is a Convention refugee or person in need of protection, and shall otherwise reject the claim.
(2) If the Refugee Protection Division is of the opinion, in rejecting a claim, that there was no credible or trustworthy evidence on which it could have made a favourable decision, it shall state in its reasons for the decision that there is no credible basis for the claim.
Plain English
Section 107 sets out the binary decision the RPD must make at the conclusion of a refugee hearing: accept the claim (if the claimant is a Convention refugee or person in need of protection under ss 96–97) or reject it. There is no third option.
Section 107(2) provides that if the RPD rejects a claim because the claimant is excluded from refugee protection (under the Refugee Convention's exclusion clauses — e.g., war crimes, serious non-political crimes), the rejection must include a declaration of exclusion.
Practical effect
An accepted claim results in the claimant becoming a "protected person" under s 95(2), entitling them to apply for permanent residence. A rejected claim does not automatically lead to removal — the claimant may appeal to the RAD (under s 110) or seek judicial review in the Federal Court.
RPD hearings are inquisitorial rather than adversarial — the RPD member questions the claimant directly. The Minister may intervene in hearings where public interest requires. Claimants have the right to be represented by counsel.