Legal references related to the asylum program in Canada

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Acts and regulations

In-Canada claims

For information about: Refer to:

Work permits

R200;
R206

Foreign national

A(2)(1)

“Board” (Immigration and Refugee Board)

A(2)(1)

Obligation to provide relevant evidence

A16(2)

Study permit - application after entry

R215(1)(d)

Evidence relating to identity

A16(3)

When a person makes an application

R28

Enforceable removal order

A48(1)
A48(2)

Direct back to the United States

R41

Unaccompanied minor

R228(4)

Obligation to appear for examination

A18(1)

Obligation to answer truthfully

A16(1)

Removal order in force – refugee claimants

A49(2)

Inadmissibility - organized criminality

A37(1)

Inadmissibility - serious criminality

A36(1)

Referral of refugee claim to the Refugee Protection Division

A100(1)

Inadmissibility on grounds of security

A34(1)

Detention on entry

A55(3)

Suspension of claim after referral to the Refugee Protection Division

A103(1)

Medical examination requirement

R30(1)(e)

Working day - definition

R159

Applicable removal order – refugee claim eligible or no eligibility determination made

R228(3);
R229(2)

Conferral of refugee protection

A95(1)

Report on inadmissibility – preparation of report

A44(1)

Protected person

A95(2)

Inadmissibility - misrepresentation

A40(1)

Claim inside Canada

A99(3)

Consideration of claim by the Refugee Protection Division

A100(3)

Refugee claim ineligibility

A101(1)

Referral to Immigration Division for admissibility hearing; or removal order

A44(2)

Burden of proving that a refugee claim is eligible

A100(4)

Effect of redetermination

A104(2)

Requirements for a claim to be ineligible due to serious criminality

A101(2)

Arrest and detention without warrant [CBSA for action]

A55(2)

Convention refugee

A96

Inadmissibility - health

A38(1)

Redetermination of eligibility

A104(1)

Person in need of protection

A97

Inadmissibility - non-compliance with Act

A41

Inadmissibility - criminality

A36(2)

Imposing conditions

A44(3)

Inadmissibility - financial reasons

A39

Authorizing entry to complete examination or hearing

A23

Inadmissibility - violating human or international rights

A35(1)

Minor children - studying in Canada

A30(2)

Authority to proceed with an examination

A15(1)

Suspension of claim before referral to the Refugee Protection Division

A100(2)

Study permit – issuance following an examination

R216

Resumption of RPD or Refugee Appeal Division proceedings

A103(2)

Exclusion from refugee protection

A98

Claim for refugee protection

A99(1)

Seizure

A140(1)

Immigration, Refugees and Citizenship Canada ministerial reviews and interventions

For information about: Refer to:
Definition of refugee protection A95(1))
Definition of person in need of protection A95(2) & A97(2)
Definition of Convention refugee A96
Exclusion from the definition of refugee or of person in need of protection A98
Application for refugee protection A99
Eligibility of refugee protection claim A100 and A102
Grounds of ineligibility A101
Notice of ineligibility at the RPD or or at the RAD A104
Extradition procedure A105
Undocumented claimants and credibility A106
Determination on refugee claims by the RPD A107
Determination of manifestly unfounded refugee claims (MUC) by the RPD A107.1
Cessation of Refugee Protection [CBSA responsibility] A108
Vacation of Refugee Protection [CBSA responsibility] A109
Designated Countries of Origin by Minister (DCO) A109.1
Appeal to the RAD from a RPD decision A110
Decisions of the RAD A111
Loss of permanent resident status A46
Pre-removal risk assessment (PRRA) A112 to A116
Principle of non-refoulement of protected persons or Convention Refugees A115
Public Safety (PS) or C&I Minister’s right to intervene at the RPD A170
PS or C&I Minister’s right to intervene at the RAD A171

Legislative provisions concerning the IRB

For information on: Refer to section(s):
Composition of the IRB A151 to A156
Head office and staff A157 and A158
Chairperson of the IRB A159 and A160
Operation of the IRB A161
Jurisdiction of the IRB A162
Composition of panels A163
Presence of the parties A164
Power of inquiry A165
Hearings of the IRB A166
Counsel and representation A167
Abandonment A168
Decisions A169
Operation of the RPD A170
Operation of the RAD A171
Disciplinary actions A176 and A177

Pre-removal risk assessment

For information about: Refer to:

Exceptions to Application for Protection

A112(2)

A112(2)(a)


A112(2)(b)


A112(2)(c)

A112(2)(d)

Restrictions  
Refugee protection may not result from an application.

A112(3)
 
A112(3)(a)

A112(3)(b)


A112(3)(c)

A112(3)(d)

Consideration of application

 

A113

A113(a)



A113(b)



A113(c)



A113(d)


A113(d)(i)



A113(d)(ii)

Effect of decision

A114(1)

A114(1)(a)


A114(1)(b)

Cancellation of stay

A114(2)

Effect of vacation

A114(4)

Protection

A115(1)

Conferral of refugee protection

A95(1)
A95(1)(a)
A95(1)(b)
A95(1)(c)

Convention refugee

A96
 A96(a)
A96(b)

Person in need of protection

A97(1)
A97(1)(a)
A97(1)(b)
A97(1)(b)(i)
A97(1)(b)(ii)
A97(1)(b)(iii)
A97(1)(b)(iv)

Application for protection

R160(1)

Notification

R160(3)

R160(3)(a)


R160(3)(b)

When notification is given

R160(4)

R160(4)(a)


R160(4)(b)

Submissions

R161(1)

Stay of removal

R162

Application after 15-day period

R163

Subsequent application

R165

Application at Port of Entry

R166

Withdrawal

R170

Effect of abandonment and withdrawal

R171

Assessments

R172(2)
R172(2)(a)
R172(2)(b)

When assessments given

R172(3)

Applicant not described in A 97

R172(4)

R172(4)(a)


R172(4)(b)

Re-examination of stay - procedure

R173(1)

R173(1)(a)


R173(1)(b)


R173(1)(c)

Assessments and response

R173(2)

When assessments given

R173(3)

Reasons for decision

R174

Protected person

A95(2)

Persons in need of protection

A97(2)

Vacation of determination

A114(3)

Applicant described in A112(3)

R172(1)

Hearing procedure

R168
R168(a)
R168(b)
R168(c)
R168(d)

Abandonment

R169

R169(a)



R169(b)

Exclusion - Refugee Convention

A98

Hearing - prescribed factors

R167


R167(a)



R167(b)



R167(c)

Application for protection

A112(1)

Application within 15-day period

R162

New Evidence

R161(2)

International conventions and agreements

Refugee

Women

Children

Torture, slavery and forced labour

Economic, civil and political rights

Humanitarian law

Organized crime

Ratification dates for the most important instruments: United Nations Treaty Collection – Multilateral Treaties Deposited with the Secretary-General.

The following site indicates the ratification dates for the most important instruments:
http://treaties.un.org/Pages/Treaties.aspx?id=4&subid=A&lang=en.

Instruments and delegations

The Ministers of Citizenship and Immigration (C&I) and Public Safety (PS) can designate persons or classes of persons to carry out any purpose or provision cited in the IRPA. These designated authorities are known as delegations and stem from A6 (1) and A6 (2). As a result of these delegations, officers are empowered to carry out certain provisions, legislative or regulatory, on behalf of the Minister.

For specific delegations and designations, refer to IL 3.

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