Section 95 — Conferral of refugee protection
Text of provision
(1) Refugee protection is conferred on a person when
(a) the person has been determined to be a Convention refugee or a person in similar circumstances under a visa application and becomes a permanent resident under the visa or a temporary resident under a temporary resident permit for protection reasons;
(b) the Board determines the person to be a Convention refugee or a person in need of protection; or
(c) except in the case of a person described in subsection 112(3), the Minister allows an application for protection.
(2) A protected person is a person on whom refugee protection is conferred under subsection (1), and whose claim or application has not subsequently been deemed to be rejected under subsection 108(3), 109(3) or 114(4).
Plain English
Section 95 specifies when Canada officially confers refugee protection. Refugee protection is conferred when:
- a person is determined to be a Convention refugee or a person in need of protection by the RPD;
- a person is determined to be a Convention refugee or a person in need of protection by the RAD on appeal;
- a person is protected after a Pre-Removal Risk Assessment (PRRA) under s 112; or
- a permanent resident visa is issued to a protected person outside Canada who has been recognised as a refugee by the UNHCR.
Practical effect
Conferral of refugee protection gives the person "protected person" status under IRPA. This status enables them to apply for permanent residence in Canada under s 21(2). It also provides protection against removal under the principle of non-refoulement.
Protected person status can be lost under s 108 (cessation of refugee protection) if the underlying circumstances change — for example, if the country of origin becomes safe.