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Part 2 — Refugee Protection

Part 2 of the IRPA (ss 95–113) is the foundation of Canadian refugee law. It defines who qualifies as a Convention refugee (s 96) and a person in need of protection (s 97), sets out the exclusion clause (s 98), and establishes the RPD adjudication process and the RAD appeal.

Key sections

s 96 — Convention refugee — Well-founded fear of persecution for a Convention reason.
s 97 — Person in need of protection — Real risk of torture, cruel treatment, or arbitrary execution.
s 98 — Exclusion — Article 1F — War crimes, crimes against humanity, serious non-political crimes.
s 99 — Claim for refugee protection — Making a protection claim in Canada.
s 104 — Ineligible claims — Designated foreign nationals, prior claims.
s 107 — Decision — RPD decision-making framework.
s 108 — Cessation — When refugee protection ceases.
s 109 — Vacation — Setting aside refugee status obtained by fraud.
s 110 — Appeal to RAD — Paper appeal to the Refugee Appeal Division.
s 113 — Pre-removal risk assessment — PRRA before removal.