Canadian Refugee Procedure, 99 - Claim for Refugee Protection

IRPA Section 99

Section 99 of the Immigration and Refugee Protection Act reads:

Claim for Refugee Protection

Claim
99 (1) A claim for refugee protection may be made in or outside Canada.

Claim outside Canada
(2) A claim for refugee protection made by a person outside Canada must be made by making an application for a visa as a Convention refugee or a person in similar circumstances, and is governed by Part 1.

Claim inside Canada
(3) A claim for refugee protection made by a person inside Canada must be made to an officer, may not be made by a person who is subject to a removal order, and is governed by this Part.

Claim made inside Canada — not at port of entry
(3.1) A person who makes a claim for refugee protection inside Canada other than at a port of entry must provide the officer, within the time limits provided for in the regulations, with the documents and information — including in respect of the basis for the claim — required by the rules of the Board, in accordance with those rules.

Permanent resident
(4) An application to become a permanent resident made by a protected person is governed by Part 1.

Section 99(3): A claim for refugee protection made by a person inside Canada may not be made by a person who is subject to a removal order

Section 99(3) of the Act provides that a claim for refugee protection made by a person inside Canada may not be made by a person who is subject to a removal order. A claim may, however, be made by someone who is already a permanent resident,[1] provided that they are not subject to a removal order at the time that they make the claim.

References

• ↑ Huang v. Canada (Citizenship and Immigration), 2023 FC 1491 (CanLII), at para 29, , retrieved on 2023-12-15.

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