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

Act current to 2015-06-09 and last amended on 2015-05-28. Previous Versions

Applications to Vacate

Marginal note:Vacation of refugee protection
  •  (1) The Refugee Protection Division may, on application by the Minister, vacate a decision to allow a claim for refugee protection, if it finds that the decision was obtained as a result of directly or indirectly misrepresenting or withholding material facts relating to a relevant matter.

  • Marginal note:Rejection of application

    (2) The Refugee Protection Division may reject the application if it is satisfied that other sufficient evidence was considered at the time of the first determination to justify refugee protection.

  • Marginal note:Allowance of application

    (3) If the application is allowed, the claim of the person is deemed to be rejected and the decision that led to the conferral of refugee protection is nullified.

Designated Countries of Origin

Marginal note:Designation of countries of origin
  •  (1) The Minister may, by order, designate a country, for the purposes of subsection 110(2) and section 111.1.

  • Marginal note:Limitation

    (2) The Minister may only make a designation

    • (a) in the case where the number of claims for refugee protection made in Canada by nationals of the country in question in respect of which the Refugee Protection Division has made a final determination is equal to or greater than the number provided for by order of the Minister,

      • (i) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division during the period provided for in the order, are rejected or determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order, or

      • (ii) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division, during the period provided for in the order, are determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order; or

    • (b) in the case where the number of claims for refugee protection made in Canada by nationals of the country in question in respect of which the Refugee Protection Division has made a final determination is less than the number provided for by order of the Minister, if the Minister is of the opinion that in the country in question

      • (i) there is an independent judicial system,

      • (ii) basic democratic rights and freedoms are recognized and mechanisms for redress are available if those rights or freedoms are infringed, and

      • (iii) civil society organizations exist.

  • Marginal note:Order of Minister

    (3) The Minister may, by order, provide for the number, period or percentages referred to in subsection (2).

  • Marginal note:Statutory Instruments Act

    (4) An order made under subsection (1) or (3) is not a statutory instrument for the purposes of the Statutory Instruments Act. However, it must be published in the Canada Gazette.

  • 2010, c. 8, s. 12;
  • 2012, c. 17, s. 58.