Can I make a second refugee claim?

Q.  I made a refugee claim in 2005 and then was deported and have now returned and wish to make a refugee claim.  Am I eligible?

 

A.  No.  IRPA indicates at s. 101 that a person who has been rejected by the Board previously is not eligible.  The section is not limited by time or place.  It is noteworthy that a claimant who has made and lost a claim in another country would be eligible.

Ineligibility
  • 101. (1) A claim is ineligible to be referred to the Refugee Protection Division if
    • (a) refugee protection has been conferred on the claimant under this Act;
    • (b) a claim for refugee protection by the claimant has been rejected by the Board;
    • (c) a prior claim by the claimant was determined to be ineligible to be referred to the Refugee Protection Division, or to have been withdrawn or abandoned;
    • (d) the claimant has been recognized as a Convention refugee by a country other than Canada and can be sent or returned to that country;
    • (e) the claimant came directly or indirectly to Canada from a country designated by the regulations, other than a country of their nationality or their former habitual residence; or
    • (f) the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, except for persons who are inadmissible solely on the grounds of paragraph 35(1)(c).

 

IRPA can be found at – http://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-38.html#docCont

 

Posted in Refugee Law |

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