Refugee protection determination
Statutory definition
IRPA s 96 defines a "Convention refugee" as a person who has a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion, and is outside their country of nationality or habitual residence. Section 97 defines a "person in need of protection" as a person who, if removed, would be personally subjected to a danger of torture, a risk to life, or a risk of cruel and unusual treatment or punishment.
Explanation
The refugee protection determination is a formal hearing before the RPD. The claimant presents evidence and testimony; IRCC may send a Refugee Protection Officer to participate. A positive determination grants protected person status, which entitles the claimant to apply for permanent residence. A negative determination can be appealed to the RAD (for most claimants) or reviewed by the Federal Court. Protected persons may not be removed until all domestic proceedings are exhausted.