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Section 109 — Vacation of refugee protection

Immigration and Refugee Protection Act s 109 Canada Compilation: 2026-03-17 Verified: 2026-05-23

Text of provision

(1) The Refugee Protection Division may, on application by the Minister, vacate a decision to allow a claim for refugee protection, if it finds that the decision was obtained as a result of directly or indirectly misrepresenting or withholding material facts relating to a relevant matter.

(2) The Refugee Protection Division may reject the application if it is satisfied that other sufficient evidence was considered at the time of the first determination to justify refugee protection.

(3) If the application is allowed, the claim of the person is deemed to be rejected and the decision that led to the conferral of refugee protection is nullified.

Plain English

Practical effect

Information only. Nothing on this page is immigration advice or legal advice. Only an authorised representative (RCIC or immigration lawyer) may give immigration advice in Canada.

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