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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 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.

Removal of refugee

(3)A person, after a determination under paragraph 101(1)(e) that the person’s claim is ineligible, is to be sent to the country from which the person came to Canada, but may be sent to another country if that country is designated under subsection 102(1) or if the country from which the person came to Canada has rejected their claim for refugee protection.

In Practice
Official Source: Justice Canada: IRPA s. 115 (authoritative, may differ from this display)
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