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Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2022-05-02 and last amended on 2021-11-23. Previous Versions

PART 2Refugee Protection

DIVISION 1Refugee Protection, Convention Refugees and Persons in Need of Protection

Marginal note:Conferral of refugee protection

  •  (1) Refugee protection is conferred on a person when

    • (a) the person has been determined to be a Convention refugee or a person in similar circumstances under a visa application and becomes a permanent resident under the visa or a temporary resident under a temporary resident permit for protection reasons;

    • (b) the Board determines the person to be a Convention refugee or a person in need of protection; or

    • (c) except in the case of a person described in subsection 112(3), the Minister allows an application for protection.

  • Marginal note:Protected person

    (2) A protected person is a person on whom refugee protection is conferred under subsection (1), and whose claim or application has not subsequently been deemed to be rejected under subsection 108(3), 109(3) or 114(4).

  • 2001, c. 27, s. 95
  • 2010, c. 8, s. 10(F)

Marginal note:Convention refugee

 A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,

  • (a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or

  • (b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.

Marginal note:Person in need of protection

  •  (1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally

    • (a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or

    • (b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if

      • (i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,

      • (ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,

      • (iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and

      • (iv) the risk is not caused by the inability of that country to provide adequate health or medical care.

  • Marginal note:Person in need of protection

    (2) A person in Canada who is a member of a class of persons prescribed by the regulations as being in need of protection is also a person in need of protection.

Marginal note:Exclusion — Refugee Convention

 A person referred to in section E or F of Article 1 of the Refugee Convention is not a Convention refugee or a person in need of protection.

Marginal note:Requirement to report

  •  (1) A designated foreign national on whom refugee protection is conferred under paragraph 95(1)(b) or (c) must report to an officer in accordance with the regulations.

  • Marginal note:Obligation when reporting

    (2) A designated foreign national who is required to report to an officer must answer truthfully all questions put to him or her and must provide any information and documents that the officer requests.

  • 2012, c. 17, s. 32

Marginal note:Regulations

 The regulations may provide for any matter relating to the application of section 98.1 and may include provisions respecting the requirement to report to an officer.

  • 2012, c. 17, s. 32

DIVISION 2Convention Refugees and Persons in Need of Protection

Claim for Refugee Protection

Marginal note:Claim

  •  (1) A claim for refugee protection may be made in or outside Canada.

  • Marginal note:Claim outside Canada

    (2) A claim for refugee protection made by a person outside Canada must be made by making an application for a visa as a Convention refugee or a person in similar circumstances, and is governed by Part 1.

  • Marginal note:Claim inside Canada

    (3) A claim for refugee protection made by a person inside Canada must be made to an officer, may not be made by a person who is subject to a removal order, and is governed by this Part.

  • Marginal note:Claim made inside Canada — not at port of entry

    (3.1) A person who makes a claim for refugee protection inside Canada other than at a port of entry must provide the officer, within the time limits provided for in the regulations, with the documents and information — including in respect of the basis for the claim — required by the rules of the Board, in accordance with those rules.

  • Marginal note:Permanent resident

    (4) An application to become a permanent resident made by a protected person is governed by Part 1.

  • 2001, c. 27, s. 99
  • 2012, c. 17, s. 33

Examination of Eligibility to Refer Claim

Marginal note:Referral to Refugee Protection Division

  •  (1) An officer shall, after receipt of a claim referred to in subsection 99(3), determine whether the claim is eligible to be referred to the Refugee Protection Division and, if it is eligible, shall refer the claim in accordance with the rules of the Board.

  • Marginal note:Burden of proof

    (1.1) The burden of proving that a claim is eligible to be referred to the Refugee Protection Division rests on the claimant, who must answer truthfully all questions put to them.

  • Marginal note:Decision

    (2) The officer shall suspend consideration of the eligibility of the person’s claim if

    • (a) a report has been referred for a determination, at an admissibility hearing, of whether the person is inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality; or

    • (b) the officer considers it necessary to wait for a decision of a court with respect to a claimant who is charged with an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years.

  • Marginal note:Consideration of claim

    (3) The Refugee Protection Division may not consider a claim until it is referred by the officer.

  • Marginal note:Documents and information to be provided

    (4) A person who makes a claim for refugee protection inside Canada at a port of entry and whose claim is referred to the Refugee Protection Division must provide the Division, within the time limits provided for in the regulations, with the documents and information — including in respect of the basis for the claim — required by the rules of the Board, in accordance with those rules.

  • Marginal note:Date of hearing

    (4.1) The referring officer must, in accordance with the regulations, the rules of the Board and any directions of the Chairperson of the Board, fix the date on which the claimant is to attend a hearing before the Refugee Protection Division.

  • Marginal note:Quarantine Act

    (5) If a traveller is detained or isolated under the Quarantine Act, the period referred to in subsections (1) and (3) does not begin to run until the day on which the detention or isolation ends.

Marginal note:Ineligibility

  •  (1) A claim is ineligible to be referred to the Refugee Protection Division if

    • (a) refugee protection has been conferred on the claimant under this Act;

    • (b) a claim for refugee protection by the claimant has been rejected by the Board;

    • (c) a prior claim by the claimant was determined to be ineligible to be referred to the Refugee Protection Division, or to have been withdrawn or abandoned;

    • (c.1) the claimant has, before making a claim for refugee protection in Canada, made a claim for refugee protection to a country other than Canada, and the fact of its having been made has been confirmed in accordance with an agreement or arrangement entered into by Canada and that country for the purpose of facilitating information sharing to assist in the administration and enforcement of their immigration and citizenship laws;

    • (d) the claimant has been recognized as a Convention refugee by a country other than Canada and can be sent or returned to that country;

    • (e) the claimant came directly or indirectly to Canada from a country designated by the regulations, other than a country of their nationality or their former habitual residence; or

    • (f) the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, except for persons who are inadmissible solely on the grounds of paragraph 35(1)(c).

  • Marginal note:Serious criminality

    (2) A claim is not ineligible by reason of serious criminality under paragraph (1)(f) unless

    • (a) in the case of inadmissibility by reason of a conviction in Canada, the conviction is for an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

    • (b) in the case of inadmissibility by reason of a conviction outside Canada, the conviction is for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

Marginal note:Regulations

  •  (1) The regulations may govern matters relating to the application of sections 100 and 101, may, for the purposes of this Act, define the terms used in those sections and, for the purpose of sharing responsibility with governments of foreign states for the consideration of refugee claims, may include provisions

    • (a) designating countries that comply with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture;

    • (b) making a list of those countries and amending it as necessary; and

    • (c) respecting the circumstances and criteria for the application of paragraph 101(1)(e).

  • Marginal note:Factors

    (2) The following factors are to be considered in designating a country under paragraph (1)(a):

    • (a) whether the country is a party to the Refugee Convention and to the Convention Against Torture;

    • (b) its policies and practices with respect to claims under the Refugee Convention and with respect to obligations under the Convention Against Torture;

    • (c) its human rights record; and

    • (d) whether it is party to an agreement with the Government of Canada for the purpose of sharing responsibility with respect to claims for refugee protection.

  • Marginal note:Review

    (3) The Governor in Council must ensure the continuing review of factors set out in subsection (2) with respect to each designated country.

Suspension or Termination of Consideration of Claim

Marginal note:Suspension

  •  (1) Proceedings of the Refugee Protection Division in respect of a claim for refugee protection are suspended on notice by an officer that

    • (a) the matter has been referred to the Immigration Division to determine whether the claimant is inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality; or

    • (b) an officer considers it necessary to wait for a decision of a court with respect to a claimant who is charged with an offence under an Act of Parliament that may be punished by a maximum term of imprisonment of at least 10 years.

  • Marginal note:Continuation

    (2) On notice by an officer that the suspended claim was determined to be eligible, proceedings of the Refugee Protection Division must continue.

  • 2001, c. 27, s. 103
  • 2012, c. 17, s. 35

Marginal note:Notice of ineligible claim

  •  (1) An officer may, with respect to a claim that is before the Refugee Protection Division or, in the case of paragraph (a.1) or (d), that is before or has been determined by the Refugee Protection Division or the Refugee Appeal Division, give notice that an officer has determined that

    • (a) the claim is ineligible under paragraphs 101(1)(a) to (e), other than paragraph 101(1)(c.1);

    • (a.1) the claim is ineligible under paragraph 101(1)(c.1);

    • (b) the claim is ineligible under paragraph 101(1)(f);

    • (c) the claim was referred as a result of directly or indirectly misrepresenting or withholding material facts relating to a relevant matter and that the claim was not otherwise eligible to be referred to that Division; or

    • (d) the claim is not the first claim that was received by an officer in respect of the claimant.

  • Marginal note:Termination and nullification

    (2) A notice given under the following provisions has the following effects:

    • (a) if given under paragraph (1)(a), (b) or (c), it terminates pending proceedings in the Refugee Protection Division respecting the claim;

    • (a.1) if given under paragraph (1)(a.1), it terminates pending proceedings in the Refugee Protection Division or, in the case of an appeal made by the claimant, the Refugee Appeal Division, respecting the claim; and

    • (b) if given under paragraph (1)(d), it terminates proceedings in and nullifies any decision of the Refugee Protection Division or the Refugee Appeal Division respecting a claim other than the first claim.

Extradition Procedure

Marginal note:Suspension if proceeding under Extradition Act

  •  (1) The Refugee Protection Division and Refugee Appeal Division shall not commence, or shall suspend, consideration of any matter concerning a person against whom an authority to proceed has been issued under section 15 of the Extradition Act with respect to an offence under Canadian law that is punishable under an Act of Parliament by a maximum term of imprisonment of at least 10 years, until a final decision under the Extradition Act with respect to the discharge or surrender of the person has been made.

  • Marginal note:Continuation if discharge under Extradition Act

    (2) If the person is finally discharged under the Extradition Act, the proceedings of the applicable Division may be commenced or continued as though there had not been any proceedings under that Act.

  • Marginal note:Rejection if surrender under Extradition Act

    (3) If the person is ordered surrendered by the Minister of Justice under the Extradition Act and the offence for which the person was committed by the judge under section 29 of that Act is punishable under an Act of Parliament by a maximum term of imprisonment of at least 10 years, the order of surrender is deemed to be a rejection of a claim for refugee protection based on paragraph (b) of Section F of Article 1 of the Refugee Convention.

  • Marginal note:Final decision

    (4) The deemed rejection referred to in subsection (3) may not be appealed, and is not subject to judicial review except to the extent that a judicial review of the order of surrender is provided for under the Extradition Act.

  • Marginal note:Limit if no previous claim

    (5) If the person has not made a claim for refugee protection before the order of surrender referred to in subsection (3), the person may not do so before the surrender.

 
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