The Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB) has exclusive first-instance jurisdiction to determine refugee protection claims made in Canada. Its core function is to decide whether a person who has made a claim for refugee protection is:

• A Convention refugee within the meaning of s 96 of the Immigration and Refugee Protection Act (IRPA) — a person with a well-founded fear of persecution based on one of the five Refugee Convention grounds (race, religion, nationality, membership in a particular social group, or political opinion); or
• A person in need of protection within the meaning of s 97 — a person who, on removal, would face a risk to life or a risk of cruel and unusual treatment or punishment, or a danger of torture, not faced generally by others in the country

A positive determination on either s 96 or s 97 results in conferral of protected person status, which allows the person to apply for permanent residence in Canada.

Key statutory provisions:

• IRPA s 95 — confers refugee protection on persons determined to be Convention refugees or persons in need of protection
• IRPA s 96 — defines Convention refugee: persecution by reason of race, religion, nationality, membership in a particular social group, or political opinion
• IRPA s 97 — defines person in need of protection: risk to life, risk of cruel and unusual treatment or punishment, or danger of torture
• IRPA s 99–100 — claim eligibility and referral to the RPD
• IRPA s 101 — grounds on which a claim is ineligible to be referred to the RPD
• IRPA s 107 — RPD decision: accept, reject, or reject with no credible basis finding
• IRPA ss 108–109 — cessation and vacation of refugee protection
• RPD Rules (SOR/2012-256) — govern RPD procedure, disclosure, timing, and evidence

Claims within RPD jurisdiction

The RPD has jurisdiction over claims for refugee protection made in Canada. A claim may be made inland (at an IRCC or CBSA office) or at a port of entry. A claim that is found eligible by an officer under s 101 is referred to the RPD for determination.

The RPD also has jurisdiction to:

• Vacate a refugee protection determination under s 109 — where the protection was obtained by misrepresentation or withholding of material facts
• Cease refugee protection under s 108 — where a person has voluntarily re-availed themselves of the protection of their country, acquired a new nationality, or the grounds for protection no longer exist

Claims outside RPD jurisdiction

The RPD does not have jurisdiction over:

• Claims found ineligible under s 101 — such as persons who previously made a claim in Canada that was rejected or withdrawn, persons who made a claim in a country with which Canada has a safe third country agreement (currently the United States, under the Safe Third Country Agreement), and persons determined to be Convention refugees in another country
• Pre-removal risk assessments (PRRAs) — conducted by IRCC officers, not the RPD, for persons whose claims were rejected or who are otherwise not entitled to make a refugee claim
• Matters of immigration enforcement (CBSA's domain) and admissibility other than as they arise in the context of a refugee claim

Exclusion from refugee protection

Even where a person meets the definition of Convention refugee or person in need of protection, the RPD must exclude persons who fall within the exclusion clauses of the Refugee Convention:

• Article 1E — persons who have the rights and obligations attaching to nationality of a third country where they enjoy protection
• Article 1F(a) — persons who have committed a crime against peace, a war crime, or a crime against humanity
• Article 1F(b) — persons who have committed a serious non-political crime outside Canada before being admitted
• Article 1F(c) — persons who are guilty of acts contrary to the purposes and principles of the United Nations

For exclusion grounds, the burden of proof shifts to the Minister. The standard for Articles 1F(a) and 1F(c) is reasonable grounds to believe; for Article 1F(b) it is the balance of probabilities.

Appeal from RPD decisions

Persons who receive a negative RPD decision have the right to appeal to the Refugee Appeal Division (RAD), except where:

• The claim was abandoned or withdrawn
• The claim was found to have no credible basis or was manifestly unfounded
• The person is a designated foreign national
• The claim was made under the terms of the Safe Third Country Agreement

RPD decisions are also subject to judicial review by the Federal Court on questions of law or mixed fact and law. Leave of the Court is required.

The RPD operates under an inquisitorial model rather than an adversarial one — the RPD member plays an active role in questioning and is not simply an arbiter between two opposing parties. However, the Minister may intervene in RPD proceedings, particularly on exclusion applications or where the Minister has information relevant to the claim.

The RPD's jurisdiction has been shaped significantly by Federal Court and Federal Court of Appeal jurisprudence. Key principles include the Maldonado presumption (that a claimant who swears to facts is presumed to be telling the truth, unless there are reasons to doubt the truthfulness of the claim) and the two-part IFA test for internal flight alternatives.

For current statistics on RPD intake and decisions, refer to the IRB statistics page.