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

Marginal note:Rejection

• 108. (1) A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances:

  • (a) the person has voluntarily reavailed themself of the protection of their country of nationality;

  • (b) the person has voluntarily reacquired their nationality;

  • (c) the person has acquired a new nationality and enjoys the protection of the country of that new nationality;

  • (d) the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or

  • (e) the reasons for which the person sought refugee protection have ceased to exist.

• Marginal note:Cessation of refugee protection

  (2) On application by the Minister, the Refugee Protection Division may determine that refugee protection referred to in subsection 95(1) has ceased for any of the reasons described in subsection (1).

• Marginal note:Effect of decision

  (3) If the application is allowed, the claim of the person is deemed to be rejected.

• Marginal note:Exception

  (4) Paragraph (1)(e) does not apply to a person who establishes that there are compelling reasons arising out of previous persecution, torture, treatment or punishment for refusing to avail themselves of the protection of the country which they left, or outside of which they remained, due to such previous persecution, torture, treatment or punishment.

Marginal note:Vacation of refugee protection

• 109. (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.

Marginal note:Appeal

• 110. (1) A person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against a decision of the Refugee Protection Division to allow or reject the person’s claim for refugee protection, or a decision of the Refugee Protection Division rejecting an application by the Minister for a determination that refugee protection has ceased or an application by the Minister to vacate a decision to allow a claim for refugee protection.

• Marginal note:Restriction on appeals

  (2) A determination that a refugee protection claim has been withdrawn or abandoned may not be appealed.

• Marginal note:Procedure

  (3) The Refugee Appeal Division shall proceed without a hearing, on the basis of the record of the proceedings of the Refugee Protection Division, and may accept written submissions from the Minister, the person who is the subject of the appeal, and a representative or agent of the United Nations High Commissioner for Refugees, and any other person described in the rules of the Board.