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Immigration and Refugee Protection Act

s. 99 Claim

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

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

The law says

IRPA s. 99
Verify on justice.gc.ca(opens in a new tab)

(1)A claim for refugee protection may be made in or outside Canada.

Claim outside Canada

(2)A claim for refugee protection made by a person outside Canada must be made by making an application for a visa as a Convention refugee or a person in similar circumstances, and is governed by Part 1.

Claim inside Canada

(3)A claim for refugee protection made by a person inside Canada must be made in person to an officer, must not be made by a person who is subject to a removal order, and is governed by this Part.

Claim made inside Canada โ€” not at port of entry

(3.1)A person who makes a claim for refugee protection inside Canada other than at a port of entry must provide the officer, within the time limits provided for in the regulations, with the documents and information โ€” including in respect of the basis for the claim โ€” required by the rules of the Board, in accordance with those rules.

Permanent resident

(4)An application to become a permanent resident made by a protected person is governed by Part 1.

Amendment History (3)
  • 2001, c. 27, s. 99
  • 2012, c. 17, s. 33
  • 2023, c. 26, s. 284

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