✈️
Last verified: March 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: March 2026 · Source: justice.gc.ca
PART 2: Refugee ProtectionDIVISION 3: Pre-removal Risk Assessment
§115

Exceptions

Exceptions

🍁 In Simple Terms

Canada cannot send a protected person back to a country where they would face persecution, torture, or cruel and unusual treatment. However, this protection does not apply if you are considered a danger to Canadian security or if you have been convicted of a serious crime and are deemed a danger to the public — in those cases, removal may still happen.

Affects: Refugee claimants and protected persons
Legal Text — IRPA Section 115

(1)A protected person or a person who is recognized as a Convention refugee by another country to which the person may be returned shall not be removed from Canada to a country where they would be at risk of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion or at risk of torture or cruel and unusual treatment or punishment.

(b)who is inadmissible on grounds of security, violating human or international rights or organized criminality if, in the opinion of the Minister, the person should not be allowed to remain in Canada on the basis of the nature and severity of acts committed or of danger to the security of Canada.

In Practice
Official Source: Justice Canada — IRPA s. 115 (authoritative, may differ from this display)
Explore More Sections
Browse all 309 sections of the Immigration and Refugee Protection Act.
Explore More Sections