Convention refugee
Statutory definition
A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
(a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or
(b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.
Immigration and Refugee Protection Act, SC 2001, c 27, s 96
Explanation
The definition of Convention refugee in IRPA s 96 tracks Article 1A(2) of the 1951 United Nations Convention Relating to the Status of Refugees. The five Convention grounds — race, religion, nationality, membership in a particular social group, and political opinion — are exhaustive; a person fearing harm for other reasons must qualify under a different stream (such as the person in need of protection category under IRPA s 97).
The "well-founded fear" standard requires both a subjective fear and an objective basis for that fear. A person does not need to have been persecuted in the past, but past persecution can be strong evidence of a well-founded future fear.
How this term is used
A determination of Convention refugee status is made by the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). A positive determination results in the conferral of refugee protection under IRPA s 95(1)(b) and the person becomes a protected person. Protected persons may apply for permanent residence. A failed refugee claimant may appeal a negative RPD decision to the Refugee Appeal Division (RAD) in most circumstances; thereafter, Federal Court judicial review may be sought.