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Immigration and Refugee Protection Act

s. 95 Conferral of refugee protection

  • PART 2: Refugee Protection
  • DIVISION 1: Refugee Protection, Convention Refugees and Persons in Need of Protection
  • Refugee Protection

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

The law says

IRPA s. 95
Verify on justice.gc.ca(opens in a new tab)

(1)Refugee protection is conferred on a person when

  • (a)the person has been determined to be a Convention refugee or a person in similar circumstances under a visa application and becomes a permanent resident under the visa or a temporary resident under a temporary resident permit for protection reasons;
  • (b)the Board determines the person to be a Convention refugee or a person in need of protection; or
  • (c)except in the case of a person described in subsection 112(3), the Minister allows an application for protection.

Protected person

(2)A protected person is a person on whom refugee protection is conferred under subsection (1), and whose claim or application has not subsequently been deemed to be rejected under subsection 108(3), 109(3) or 114(4).

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