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Last verified: March 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: March 2026 · Source: justice.gc.ca
PART 2: Refugee ProtectionDIVISION 2: Convention Refugees and Persons in Need of Protection
§99

Claim outside Canada

Claim outside Canada

Refugee Protection
🍁 In Simple Terms

A refugee claim can be made at a port of entry or in Canada. This section governs where and how refugee claims are initiated.

Affects: Refugee claimants and protected persons
Legal Text — IRPA Section 99

(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 — 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 — including in respect of the basis for the claim — 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
In Practice
Official Source: Justice Canada — IRPA s. 99 (authoritative, may differ from this display)
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