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Last verified: March 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: March 2026 · Source: justice.gc.ca
PART 2: Refugee ProtectionDIVISION 2: Convention Refugees and Persons in Need of Protection
§105

Continuation if discharge under Extradition Act

Continuation if discharge under Extradition Act

Refugee Protection
🍁 In Simple Terms

If Canada is considering extraditing you to another country for a serious crime, your refugee hearing must stop until the extradition process is complete. If you're discharged (not extradited), your refugee case can continue. If you're surrendered for extradition, your refugee claim is treated as abandoned.

Affects: Refugee claimants and protected persons
Legal Text — IRPA Section 105

(1)The Refugee Protection Division and Refugee Appeal Division shall not commence, or shall suspend, consideration of any matter concerning a person against whom an authority to proceed has been issued under section 15 of the Extradition Act with respect to an offence under Canadian law that is punishable under an Act of Parliament by a maximum term of imprisonment of at least 10 years, until a final decision under the Extradition Act with respect to the discharge or surrender of the person has been made.

Continuation if discharge under Extradition Act

(2)If the person is finally discharged under the Extradition Act, the proceedings of the applicable Division may be commenced or continued as though there had not been any proceedings under that Act.

Rejection if surrender under Extradition Act

(3)If the person is ordered surrendered by the Minister of Justice under the Extradition Act and the offence for which the person was committed by the judge under section 29 of that Act is punishable under an Act of Parliament by a maximum term of imprisonment of at least 10 years, the order of surrender is deemed to be a rejection of a claim for refugee protection based on paragraph (b) of Section F of Article 1 of the Refugee Convention.

Cross-References
Amendment History (2)
2001, c. 27, s. 105
2023, c. 32, s. 61(F)
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