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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

Your refugee protection can be taken away if you voluntarily returned to the country you were fleeing, got your original nationality back, obtained a new nationality with protection, or resettled there. You can also lose protection if the conditions that made you a refugee no longer exist, unless you can show you still have a compelling reason to fear return based on past persecution.

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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