Skip to main content

Immigration and Refugee Protection Act

s. 111 Decision

  • PART 2: Refugee Protection
  • Appeal to Refugee Appeal Division
  • Refugee Protection

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

The law says

IRPA s. 111
Verify on justice.gc.ca(opens in a new tab)

(1)After considering the appeal, the Refugee Appeal Division shall make one of the following decisions:

  • (a)confirm the determination of the Refugee Protection Division;
  • (b)set aside the determination and substitute a determination that, in its opinion, should have been made; or
  • (c)refer the matter to the Refugee Protection Division for re-determination, giving the directions to the Refugee Protection Division that it considers appropriate.

(1.1)[Repealed, 2012, c. 17, s. 37]

Referrals

(2)The Refugee Appeal Division may make the referral described in paragraph (1)(c) only if it is of the opinion that

  • (a)the decision of the Refugee Protection Division is wrong in law, in fact or in mixed law and fact; and
  • (b)it cannot make a decision under paragraph (1)(a) or (b) without hearing evidence that was presented to the Refugee Protection Division.

Confirmation of rejection

(3)If the Refugee Appeal Division confirms a decision of the Refugee Protection Division to reject a claim for refugee protection, the decision of the Refugee Appeal Division is itself a decision to reject the claim.

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

Sections numbered under s. 111

Each of these is its own section of the Act, numbered after section 111.

IRPA s. 111.1

Regulations

Verify on justice.gc.ca(opens in a new tab)

What that means

This lets the government set the deadlines that run the refugee system, such as when documents are due and when hearings happen. The rules also cover when appeals must be filed and decided. They can make exceptions to some of the bars. Claimants from designated countries can be given shorter deadlines than everyone else.

The law says

(1)The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting

  • (a)time limits for the provision of documents and information under subsection 99(3.1) or 100(4);
  • (b)time limits for the hearing referred to in subsection 100(4.1);
  • (b.1)exceptions to the application of paragraph 101(1)(b.1);
  • (b.2)exceptions to the application of paragraph 101(1)(b.2);
  • (c)exceptions to the application of paragraph 110(2)(d);
  • (d)time limits for the filing and perfecting of an appeal under subsection 110(2.1); and
  • (e)time limits for the making of a decision by the Refugee Appeal Division, the extension of those time limits and the circumstances in which they do not apply.

Clarification — regulations made under paragraph (1)(b)

(2)With respect to claimants who are nationals of a country that is, on the day on which their claim is made, a country designated under subsection 109.1(1), regulations made under paragraph (1)(b) may provide for time limits that are different from the time limits for other claimants.

Related sections

IRPA s. 110AppealIRPA s. 111.1Regulations