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Last verified: June 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: June 2026 · Source: justice.gc.ca
PART 2: Refugee ProtectionDIVISION 2: Convention Refugees and Persons in Need of Protection
§104

Notice of ineligible claim

Notice of ineligible claim

Refugee Protection
🍁 In Simple Terms

An immigration officer can notify the Refugee Protection Division that your claim is ineligible, which can stop or end your hearing. This can happen even after the RPD or Refugee Appeal Division has already made a decision on your case. Once that notice is given, the claim may be treated as rejected or withdrawn.

Affects: Refugee claimants and protected persons
Legal Text: IRPA Section 104

(1)An officer may, with respect to a claim that is before the Refugee Protection Division or, in the case of paragraph (a.1) or (d), that is before or has been determined by the Refugee Protection Division or the Refugee Appeal Division, give notice that an officer has determined that (a)the claim is ineligible under paragraphs 101(1)(a) to (e), other than paragraph 101(1)(c.1); (a.1)the claim is ineligible under paragraph 101(1)(c.1); (b)the claim is ineligible under paragraph 101(1)(f); (c)the claim was referred as a result of the direct or indirect misrepresentation or withholding of material facts relating to a relevant matter and was not otherwise eligible to be referred to the Refugee Protection Division; or (d)the claim is not the first claim that was received by an officer in respect of the claimant.

In Practice
Official Source: Justice Canada: IRPA s. 104 (authoritative, may differ from this display)
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