Canadian Refugee Procedure, 109.1 - Designated Countries of Origin

IRPA Section 109.1

Section 109.1 of the Immigration and Refugee Protection Act reads:

Designated Countries of Origin

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

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in a final determination by the Division during the period provided for in the order, are rejected or determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a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that, in a final determination by the Division, during the period provided for in the order, are determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a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.

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

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.

Country of origin is a term used to refer to a refugee’s country of citizenship or country of habitual residence

In immigration and refugee law, the term “country of origin” is used to refer to a refugee’s country of citizenship or country of habitual residence. The term is used in Article 3 of the Refugee Convention and the court has found that is is incorporated into the IRPA through this provision.[1]

References

• ↑ Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152 (CanLII), at para 68, <https://canlii.ca/t/k1vdj#par68>, retrieved on 2023-12-28.

Where this page came from

This page was imported from Wikibooks. From “Canadian Refugee Procedure” on Wikibooks, by its contributors, under CC BY-SA 4.0. Changed here: set as a page; navigation and edit links left out; each image under its own licence, credited in its caption.

Nobody has written it yet — it is the source material at a new address, which is why search engines are asked to skip it and why no one earns from it. It is up for grabs: take it on, and it is yours to rewrite and to earn from.