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Immigration and Refugee Protection Act

s. 107 Decision

  • PART 2: Refugee Protection
  • DIVISION 2: Convention Refugees and Persons in Need of Protection
  • Refugee Protection

Last verified: June 2026 · Source: justice.gc.ca

The law says

IRPA s. 107
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(1)The Refugee Protection Division shall accept a claim for refugee protection if it determines that the claimant is a Convention refugee or person in need of protection, and shall otherwise reject the claim.

No credible basis

(2)If the Refugee Protection Division is of the opinion, in rejecting a claim, that there was no credible or trustworthy evidence on which it could have made a favourable decision, it shall state in its reasons for the decision that there is no credible basis for the claim.

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Sections numbered under s. 107

Each of these is its own section of the Act, numbered after section 107.

IRPA s. 107.1

Manifestly unfounded

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What that means

Some refusals carry a harsher label. Sometimes the Division rejects a claim and finds it clearly fraudulent, not merely weak. It must then write in its reasons that the claim is manifestly unfounded.

The law says

107.1 If the Refugee Protection Division rejects a claim for refugee protection, it must state in its reasons for the decision that the claim is manifestly unfounded if it is of the opinion that the claim is clearly fraudulent.

Related sections

IRPA s. 106CredibilityIRPA s. 107.1Manifestly unfounded