Refugee Protection Division (RPD)
Overview
The Refugee Protection Division (RPD) is the division of the Immigration and Refugee Board that determines whether persons who claim refugee protection in Canada are Convention refugees (s 96 of IRPA) or persons in need of protection (s 97). The RPD conducts hearings before a single member in an inquisitorial model. The standard of proof for a positive determination is a reasonable chance (also described as a "reasonable possibility" or "more than a mere possibility") of persecution — lower than the balance of probabilities standard.
RPD decisions are among the most consequential in Canadian immigration law: a positive decision results in protected person status and a pathway to permanent residence; a negative decision leads to a potential removal order and, if eligible, an appeal to the Refugee Appeal Division (RAD).
Legal basis
- IRPA ss 96–98 — the substantive grounds for refugee protection and exclusion
- IRPA ss 99–112 — the procedural framework for RPD claims, including referral, abandonment, withdrawal, and cessation
- RPD Rules (SOR/2012-256) — procedural rules governing how hearings are conducted, documents are filed, and witnesses are called
- Chairperson's Guidelines — non-binding but influential guidelines on specific topics (gender-based persecution, LGBTQ+ claimants, child claimants, etc.)
How it works
Jurisdiction
The RPD has exclusive jurisdiction to determine whether a person who makes a claim for refugee protection in Canada is:
- A Convention refugee under s 96 (persecution based on race, religion, nationality, membership in a particular social group, or political opinion)
- A person in need of protection under s 97 (risk to life, risk of cruel and unusual treatment, or risk of torture)
Hearing model — inquisitorial
RPD hearings are inquisitorial rather than adversarial. The RPD member leads the questioning. In many cases, a Refugee Protection Officer (RPO) from IRCC is present and may also ask questions. The claimant (and counsel, if present) has an opportunity to provide testimony, submit documents, and make submissions. The Minister (CBSA or IRCC) may intervene in cases involving exclusion grounds, cessation, or where there are credibility concerns.
Standard of proof
The applicable standard for s 96 claims is a reasonable chance of persecution — also described in case law as "more than a mere possibility" or "a serious possibility." This is a lower threshold than balance of probabilities. For s 97 claims, the standard is whether, on a balance of probabilities, the person would face a risk of harm on return.
Decision outcomes
- Positive decision — refugee protection granted: the person is a protected person; they may apply for permanent residence as a Convention refugee or protected person
- Negative decision: the RPD finds the person is not a Convention refugee or person in need of protection; a removal order is typically issued or confirmed; an appeal to the RAD may be available
- Abandonment: if the claimant fails to appear or fails to comply with procedural requirements; treated as a negative decision
- Withdrawal: the claimant withdraws the claim before a final decision
- Cessation: protected person status is lost when the person avails themselves of the protection of their country of nationality or re-establishes themselves there (ss 108(1)–108(2)); the RPO may apply to the RPD for cessation
Exclusion
Persons excluded under Article 1F of the Refugees Convention (war crimes, serious non-political crime, acts contrary to UN principles) are not eligible for protection regardless of the risk they face. See Exclusion — Article 1F.