This page contains information about Canadian immigration law sourced from official government legislation. It is provided for informational purposes only and does not constitute immigration advice. For advice specific to your circumstances, consult an authorised representative (RCIC or immigration lawyer).

Some content on this page was compiled with AI assistance. While based on official sources, it may contain inaccuracies — always verify against the source document linked on this page.

Regulation 346 — Post-determination refugee claimants in Canada class

Immigration and Refugee Protection Regulations r 346 Canada Compilation: 2026-03-17 Verified: 2026-05-23

Text of provision

(1) An application for landing as a member of the post-determination refugee claimants in Canada class in respect of which no determination of whether the applicant is a member of that class was made before the coming into force of this section is an application for protection under sections 112 to 114 of the Immigration and Refugee Protection Act and those sections apply to the application.

(2) Before a decision is made on the application, the applicant shall be notified that they may make additional submissions in support of their application.

(3) A decision on the application shall not be made until 30 days after notification is given to the applicant.

(4) Notification is given

(a) when it is given by hand to the applicant; or

(b) if it is sent by mail, seven days after the day on which it was sent to the applicant at the last address provided by them to the Department.

(5) For greater certainty, the execution of a removal order made under the former Act against an applicant referred to in subsection (1) is stayed, and the stay is effective until the earliest of the applicable events described in section 232 occurs.

Plain English

Practical effect

Information only. Nothing on this page is immigration advice or legal advice. Only an authorised representative (RCIC or immigration lawyer) may give immigration advice in Canada.

© 2026 IMMI.TV PTY LTD (ABN 61 685 250 784) — Privacy · Terms · About Last reviewed: 2026-05-23