Immigration and Refugee Protection Regulations

Marginal note:Applicant described in s. 112(3) of the Act

• 172 (1) Before making a decision to allow or reject the application of an applicant described in subsection 112(3) of the Act, the Minister shall consider the assessments referred to in subsection (2) and any written response of the applicant to the assessments that is received within 15 days after the applicant is given the assessments.

• Marginal note:Assessments

  (2) The following assessments shall be given to the applicant:

  • (a) a written assessment on the basis of the factors set out in section 97 of the Act; and

  • (b) a written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act, as the case may be.

• Marginal note:Certificate

  (2.1) Despite subsection (2), no assessments shall be given to an applicant who is named in a certificate until a judge under section 78 of the Act determines whether the certificate is reasonable.

• Marginal note:When assessments given

  (3) The assessments are given to an applicant when they are given by hand to the applicant or, if sent by mail, are deemed to be given to an applicant seven days after the day on which they are sent to the last address that the applicant provided to the Department.

• Marginal note:Applicant not described in s. 97 of the Act

  (4) Despite subsections (1) to (3), if the Minister decides on the basis of the factors set out in section 97 of the Act that the applicant is not described in that section,

  • (a) no written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act need be made; and

  • (b) the application is rejected.