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Immigration and Refugee Protection Act

s. 86 Application for non-disclosure

  • PART 1: Immigration to Canada
  • DIVISION 9: Certificates and Protection of Information

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

The law says

IRPA s. 86
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86 The Minister may, during an admissibility hearing, a detention review or an appeal before the Immigration Appeal Division, apply for the non-disclosure of information or other evidence. Sections 83 and 85.1 to 85.5 apply to the proceeding with any necessary modifications, including that a reference to “judge” be read as a reference to the applicable Division of the Board.

Sections this one cites

Amendment History (2)
  • 2001, c. 27, s. 86
  • 2008, c. 3, s. 4

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

Sections numbered under s. 86

Each of these is its own section of the Act, numbered after section 86.

IRPA s. 86.1

Judicial review

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What that means

If a division of the Board orders secret evidence disclosed, the Minister can go straight to the Federal Court for judicial review. No request for leave, or permission, is needed first. Filing freezes the disclosure and usually the whole proceeding. A detention review carries on regardless.

The law says

(1)The Minister may, at any stage of the proceeding, apply for judicial review of any decision made in a proceeding referred to in section 86 requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person. The application may be made without an application for leave.

Effects of judicial review

(2)The making of the application suspends the execution of the decision and, except in the case of a detention review, the proceeding referred to in section 86, until the application has been finally determined.

Related sections

IRPA s. 83Protection of informationIRPA s. 85.1Special advocate’s roleIRPA s. 85.6RulesIRPA s. 86.1Judicial review