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

Assented to 2001-11-01

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:Permanent resident

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

Examination of Eligibility to Refer Claim

Marginal note:Referral to Refugee Protection Division
  •  (1) An officer shall, within three working days 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: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. If the claim is not referred within the three-day period referred to in subsection (1), it is deemed to be referred, unless there is a suspension or it is determined to be ineligible.

  • Marginal note:Duty of claimant

    (4) 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. If the claim is referred, the claimant must produce all documents and information as required by the rules of the Board.

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;

    • (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 and for which a sentence of at least two years was imposed; or

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