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Last verified: March 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: March 2026 · Source: justice.gc.ca
PART 3: Enforcement
§133

Deferral

Deferral

🍁 In Simple Terms

If you made a refugee claim after coming to Canada directly from the country you fled, you cannot be criminally charged for using false documents or entering without authorization while your refugee claim is being decided, or after being granted protection. This protects genuine refugees from being prosecuted for how they had to enter.

Affects: Persons subject to removal or detention
Legal Text — IRPA Section 133

133 A person who has claimed refugee protection, and who came to Canada directly or indirectly from the country in respect of which the claim is made, may not be charged with an offence under section 122, paragraph 124(1)(a) or section 127 of this Act or under section 57, paragraph 340(c) or section 354, 366, 368, 374 or 403 of the Criminal Code, in relation to the coming into Canada of the person, pending disposition of their claim for refugee protection or if refugee protection is conferred.

Cross-References
Related Subsections
s.133.1Application

133.1 (1) A proceeding by way of summary conviction for an offence under section 117, 126 or 127, or section 131 as it relates to section 117, may be instituted at any time within, but not later than, 10 years after the day on which the subject-matter of the proceeding arose, and a proceeding by way of summary conviction for any other offence under this Act may be instituted at any time within, but not later than, five years after the day on which the subject-matter of the proceeding arose.Application(2) Subsection (1) does not apply if the subject-matter of the proceeding arose before the day on which this section comes into force.

In Practice
Official Source: Justice Canada — IRPA s. 133 (authoritative, may differ from this display)
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