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

Marginal note:Notice of ineligible claim

• 104 (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.