The law says
IRPR r. 37(1)Subject to subsection (2), the examination of a person who seeks to enter Canada, or who makes an application to transit through Canada, ends only when
- (a)a determination is made that the person has a right to enter Canada, or is authorized to enter Canada as a temporary resident or permanent resident, the person is authorized to leave the port of entry at which the examination takes place and the person leaves the port of entry;
- (b)if the person is an in-transit passenger, the person departs from Canada;
- (c)the person is authorized to withdraw their application to enter Canada and an officer verifies their departure from Canada; or
- (d)a decision in respect of the person is made under subsection 44(2) of the Act and the person leaves the port of entry.
End of examination — claim for refugee protection
(2)The examination of a person who makes a claim for refugee protection at a port of entry or inside Canada other than at a port of entry ends when the later of the following occurs:
- (a)an officer determines that their claim is ineligible under section 101 of the Act or the Refugee Protection Division accepts or rejects their claim under section 107 of the Act;
- (b)a decision in respect of the person is made under subsection 44(2) of the Act and, in the case of a claim made at a port of entry, the person leaves the port of entry.
IRPA Authority
Amendment History (1)
- SOR/2004-167, s. 10(F); SOR/2016-136, s. 3(F); SOR/2018-60, s. 1
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