Legal references related to refugee protection
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Acts and regulations
In-Canada Claims
| For information about: | Refer to: |
|---|---|
Work permits |
|
Foreign national |
|
“Board” (Immigration and Refugee Board) |
|
Obligation to provide relevant evidence |
|
Study permit - application after entry |
|
Evidence relating to identity |
|
When a person makes an application |
|
Enforceable removal order |
|
Direct back to the United States |
|
Unaccompanied minor |
|
Obligation to appear for examination |
|
Obligation to answer truthfully |
|
Removal order in force – refugee claimants |
|
Inadmissibility - organized criminality |
|
Inadmissibility - serious criminality |
|
Referral of refugee claim to the Refugee Protection Division |
|
Inadmissibility on grounds of security |
|
Detention on entry |
|
Suspension of claim after referral to the Refugee Protection Division |
|
Medical examination requirement |
|
Working day - definition |
|
Applicable removal order – refugee claim eligible or no eligibility determination made |
|
Conferral of refugee protection |
|
Report on inadmissibility – preparation of report |
|
Protected person |
|
Inadmissibility - misrepresentation |
|
Claim inside Canada |
|
Consideration of claim by the Refugee Protection Division |
|
Refugee claim ineligibility |
|
Referral to Immigration Division for admissibility hearing; or removal order |
|
Burden of proving that a refugee claim is eligible |
|
Effect of redetermination |
|
Requirements for a claim to be ineligible due to serious criminality |
|
Arrest and detention without warrant [CBSA for action] |
|
Convention refugee |
|
Inadmissibility - health |
|
Redetermination of eligibility |
|
Person in need of protection |
|
Inadmissibility - non-compliance with Act |
|
Inadmissibility - criminality |
|
Imposing conditions |
|
Inadmissibility - financial reasons |
|
Authorizing entry to complete examination or hearing |
|
Inadmissibility - violating human or international rights |
|
Minor children - studying in Canada |
|
Authority to proceed with an examination |
|
Suspension of claim before referral to the Refugee Protection Division |
|
Study permit – issuance following an examination |
|
Resumption of RPD or Refugee Appeal Division proceedings |
|
Exclusion from refugee protection |
|
Claim for refugee protection |
|
Seizure |
CIC ministerial reviews and interventions
Legislative provisions concerning the protection of refugees
| For information about: | Refer to: |
|---|---|
| Definition of refugee protection | A95(1)) |
| Definition of person in need of protection | A95(2) & A97(2) |
| Definition of Convention refugee | A96 |
| Exclusion from the definition of refugee or of person in need of protection | A98 |
| Application for refugee protection | A99 |
| Eligibility of refugee protection claim | A100 and A102 |
| Grounds of ineligibility | A101 |
| Notice of ineligibility at the RPD or or at the RAD | A104 |
| Extradition procedure | A105 |
| Undocumented claimants and credibility | A106 |
| Determination on refugee claims by the RPD | A107 |
| Determination of manifestly unfounded refugee claims (MUC) by the RPD | A107.1 |
| Cessation of Refugee Protection [CBSA responsibility] | A108 |
| Vacation of Refugee Protection [CBSA responsibility] | A109 |
| Designated Countries of Origin by Minister (DCO) | A109.1 |
| Appeal to the RAD from a RPD decision | A110 |
| Decisions of the RAD | A111 |
| Loss of permanent resident status | A46 |
| Pre-removal risk assessment (PRRA) | A112 to A116 |
| Principle of non-refoulement of protected persons or Convention Refugees | A115 |
| Public Safety (PS) or C&I Minister’s right to intervene at the RPD | A170 |
| PS or C&I Minister’s right to intervene at the RAD | A171 |
Legislative provisions concerning the IRB
| For information on: | Refer to section(s): |
|---|---|
| Composition of the IRB | A151 to A156 |
| Head office and staff | A157 and A158 |
| Chairperson of the IRB | A159 and A160 |
| Operation of the IRB | A161 |
| Jurisdiction of the IRB | A162 |
| Composition of panels | A163 |
| Presence of the parties | A164 |
| Power of inquiry | A165 |
| Hearings of the IRB | A166 |
| Counsel and representation | A167 |
| Abandonment | A168 |
| Decisions | A169 |
| Operation of the RPD | A170 |
| Operation of the RAD | A171 |
| Disciplinary actions | A176 and A177 |
Pre-removal Risk Assessment (PPRA)
| For information about: | Refer to: |
|---|---|
Exceptions to Application for Protection |
|
Restrictions |
|
Consideration of application |
|
Effect of decision |
|
Cancellation of stay |
|
Effect of vacation |
|
Protection |
|
Conferral of refugee protection |
|
Convention refugee |
|
Person in need of protection |
A97(1) |
Application for protection |
|
Notification |
|
When notification is given |
|
Submissions |
|
Stay of removal |
|
Application after 15-day period |
|
Subsequent application |
|
Application at Port of Entry |
|
Withdrawal |
|
Effect of abandonment and withdrawal |
|
Assessments |
|
When assessments given |
|
Applicant not described in A 97 |
|
Re-examination of stay - procedure |
|
Assessments and response |
|
When assessments given |
|
Reasons for decision |
|
Protected person |
|
Persons in need of protection |
|
Vacation of determination |
|
Applicant described in A112(3) |
|
Hearing procedure |
|
Abandonment |
|
Exclusion - Refugee Convention |
|
Hearing - prescribed factors |
|
Application for protection |
|
Application within 15-day period |
|
New Evidence |
Resettlement
| For information about: | Refer to: | Notes |
|---|---|---|
Annual report to Parliament on resettlement |
|
|
General requirements for self-supporting refugees |
|
|
Self-supporting applicants |
|
|
Judicial review of refusals |
|
|
Convention refugees |
|
|
Country of asylum class |
|
|
Ability to establish |
|
|
Visa issued |
|
|
Urgent protection cases |
|
|
Vulnerable protection cases |
|
|
Eligibility |
A11(1) |
|
One-year window of opportunity (non-accompanying family members) |
|
|
Access mechanisms |
R140.1, R140.2, R140.3 |
|
Convention refugees abroad class |
|
|
Examination (inland) |
|
|
Private sponsorship of refugees |
A13 and A14(2)(e) |
|
Travel documents |
|
|
Medical examination |
A16(2)(b) (Requirement for a medical examination) A38(1) (Medically inadmissible classes) R30(1) (Who must undergo a medical examination) R29 (What constitutes a medical examination) R30(3) (Requirement for subsequent medical examination) R30(4) (Requirement for medical certificate) R31 (Considerations when assessing danger to public health) R32 (Conditions of admission related to medical condition) R33 (Considerations when assessing danger to public safety) R1(1) (Definitions: excessive demand, health services, social services and excessive demand on health or social services) R20 (Assessment of inadmissibility on health grounds) A38(2), R139(4) (Exemptions to medical inadmissibility on grounds of excessive demand R30(2) (Exemptions from requirement for medical examination)
|
|
Permit holder class |
A20(1)(b), A22(2), A24(1), (2) and A26 |
|
Extended sponsorships |
|
|
Federal-provincial agreements |
|
|
Humanitarian-protected persons abroad class (HPC) |
|
|
Humanitarian and compassionate grounds |
A25(1) Humanitarian and compassionate considerations, R307 Fees for application under section A25, R67 and R70 Applicants outside of Canada |
|
Family reunification |
A3(1)(d) |
|
Durable solution |
R139(1)(d) (General requirements) |
|
Permanent resident card |
A31(1) and A32(f) |
|
Province of Quebec |
A8 and A9 |
|
Inadmissibility |
|
|
Inadmissible family members
Medical inadmissibility
Misrepresentation
Security inadmissibility |
A42(a) and (b)
A38(1)(a) and (b) A40(1)(a), (b) and A40(2) Misrepresentation A34(1)(a), (b), (c), (d), (e), (f), A35(1)(a), (b) and (c) |
A42(b) exempts protected persons from inadmissibility based on family membership
A38(2) exempts Convention refugees or a person in similar circumstances from A38(1)(c). R22 Exemption to A40(1) |
Documents: permanent residents |
R50(2) ( Documents- permanent residents: Exception—protected persons (exempts protected persons from R50(1)) |
|
Documents required |
R50(2) (Documents permanent residents: Exception protected persons) |
|
International conventions and agreements
Refugee
- 1951 Convention Relating to the Status of Refugees
- 1967 Protocol Relating to the Status of Refugees
- Cartagena Declaration on Refugees (1984)
- Statute of the Office of the United Nations High Commissioner for Refugees (1950)
- Convention on the Reduction of Statelessness
- UN Declaration on Territorial Asylum (1967)
Women
Children
- Convention on the Rights of the Child
- Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict
- Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography (adopted on May 25, 2000 and came into force on January 18, 2002)
- Convention (No. 182) on the Worst Forms of Child Labour (International Labour Organization)
Torture, slavery and forced labour
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Slavery Convention
- Protocol amending the Slavery Convention signed at Geneva on September 25, 1926
- Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery
- Forced Labour Convention
- Abolition of Forced Labour Convention
- International Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Convention on the Prevention and Punishment of the Crime of Genocide
- The Rome Statute of the International Criminal Court
Economic, civil and political rights
Humanitarian law
- Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field
- Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea
- Geneva Convention Relative to the Treatment of Prisoners of War
- Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949
- Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of the Victims of International Armed Conflicts (Protocol I)
- Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of the Victims of Non-International Armed Conflicts (Protocol II)
- Convention on Conventional Weapons (1980)
- International Convention on the Elimination of All Forms of Racial Discrimination
Organized Crime
- United Nations Convention against Transnational Organized Crime (came into force on September 29, 2003) and its two protocols:
- Protocol to the United Nations Convention against Transnational Organized Crime, to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (came into force on December 25, 2003)
- Protocol against the Smuggling of Migrants by Land, Sea and Air, an additional protocol to the United Nations Convention against Transnational Organized Crime (came into force on January 28, 2004)
The following site indicates the ratification dates for the most important instruments:
http://treaties.un.org/Pages/Treaties.aspx?id=4&subid=A&lang=en.
Instruments and delegations
The Ministers of Citizenship and Immigration (C&I) and Public Safety (PS) can designate persons or classes of persons to carry out any purpose or provision cited in the IRPA. These designated authorities are known as delegations and stem from A6 (1) and A6 (2). As a result of these delegations, officers are empowered to carry out certain provisions, legislative or regulatory, on behalf of the Minister.
For specific delegations and designations, refer to IL 3.
Report a problem or mistake on this page
- Date modified: