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StatuteImmigration and Refugee Protection Act

Section 170 — Immigration and Refugee Protection Act: Proceedings

Text of the provision Official document

The Refugee Protection Division, in any proceeding before it, may inquire into any matter that it considers relevant to establishing whether a claim is well-founded; must hold a hearing; must notify the person who is the subject of the proceeding and the Minister of the hearing; must provide the Minister, on request, with the documents and information referred to in subsection 100(4); may question the witnesses, including the person who is the subject of the proceeding; must give the person and the Minister a reasonable opportunity to present evidence, question witnesses and make representations; 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; is not bound by any legal or technical rules of evidence; may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances; and 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.

Official source: laws-lois.justice.gc.ca

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.