Immigration and Refugee Protection Act

Marginal note:Ineligibility

• 101 (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by the claimant was determined to be ineligible to be referred to the Refugee Protection Division, or to have been withdrawn or abandoned;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.