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Immigration and Refugee Protection Act

s. 109 Vacation of refugee protection

  • 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. 109
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(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.

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Sections numbered under s. 109

Each of these is its own section of the Act, numbered after section 109.

IRPA s. 109.1

Designation of countries of origin

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What that means

The Minister can put a country on a designated list based on how its claims turn out here. The main test is a high share of claims rejected, withdrawn or abandoned over a set period. People from a designated country then face tighter deadlines, and they lose the appeal to the Refugee Appeal Division.

The law says

(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in a final determination by the Division during the period provided for in the order, are rejected or determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a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
  • (b)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 less than the number provided for by order of the Minister, if the Minister is of the opinion that in the country in question
  • (i)there is an independent judicial system,
  • (ii)basic democratic rights and freedoms are recognized and mechanisms for redress are available if those rights or freedoms are infringed, and
  • (iii)civil society organizations exist.

Order of Minister

(3)The Minister may, by order, provide for the number, period or percentages referred to in subsection (2).

Statutory Instruments Act

(4)An order made under subsection (1) or (3) is not a statutory instrument for the purposes of the Statutory Instruments Act. However, it must be published in the Canada Gazette.

Related sections

IRPA s. 108RejectionIRPA s. 109.1Designation of countries of origin