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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
§108

Rejection

Rejection

Refugee Protection
🍁 In Simple Terms

Protection can end. It ends if you went back to the country you fled and relied on its protection, took its nationality again, gained a new nationality that protects you, or resettled there, and it ends if the reasons you needed protection have simply disappeared. The Minister can apply to have it declared over. That last reason does not apply if you show compelling reasons, arising from past persecution or torture, for refusing to go back.

Affects: Refugee claimants and protected persons
Legal Text: IRPA Section 108

(1)A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances: (a)the person has voluntarily reavailed themself of the protection of their country of nationality; (b)the person has voluntarily reacquired their nationality; (c)the person has acquired a new nationality and enjoys the protection of the country of that new nationality; (d)the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or (e)the reasons for which the person sought refugee protection have ceased to exist.

Cessation of refugee protection

(2)On application by the Minister, the Refugee Protection Division may determine that refugee protection referred to in subsection 95(1) has ceased for any of the reasons described in subsection (1).

Effect of decision

(3)If the application is allowed, the claim of the person is deemed to be rejected.

In Practice
Official Source: Justice Canada: IRPA s. 108 (authoritative, may differ from this display)
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