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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
§109

Rejection of application

Rejection of application

Refugee Protection
🍁 In Simple Terms

If the government believes you got your refugee status by lying or hiding important facts, it can apply to have that decision reversed. However, if there was still enough other evidence to justify protection at the time, the board can dismiss the application and let you keep your status.

Affects: Refugee claimants and protected persons
Legal Text — IRPA Section 109

(1)The Refugee Protection Division may, on application by the Minister, vacate a decision to allow a claim for refugee protection, if it finds that the decision was obtained as a result of directly or indirectly misrepresenting or withholding material facts relating to a relevant matter.

Rejection of application

(2)The Refugee Protection Division may reject the application if it is satisfied that other sufficient evidence was considered at the time of the first determination to justify refugee protection.

Allowance of application

(3)If the application is allowed, the claim of the person is deemed to be rejected and the decision that led to the conferral of refugee protection is nullified.

Related Subsections
s.109.1Limitation

109.1 (1) The Minister may, by order, designate a country, for the purposes of subsection 110(2) and section 111.1.Limitation(2) The Minister may only make a designation(a) in the case where the number of claims for refugee protection made in Canada by nationals of the country in question in respect of which the Refugee Protection Division has made a final determination is equal to or greater than the number provided for by order of the Minister,(i) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division during the period provided for in the order, are rejected or determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order, or(ii) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division, during the period provided for in the order, are determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order; or

In Practice
Official Source: Justice Canada — IRPA s. 109 (authoritative, may differ from this display)
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