Section 99 — Claim for refugee protection
Text of provision
(1) A claim for refugee protection may be made in or outside Canada.
(2) A claim for refugee protection made by a person outside Canada must be made by making an application for a visa as a Convention refugee or a person in similar circumstances, and is governed by Part 1.
(3) A claim for refugee protection made by a person inside Canada must be made in person to an officer, must not be made by a person who is subject to a removal order, and is governed by this Part.
(3.1) A person who makes a claim for refugee protection inside Canada other than at a port of entry must provide the officer, within the time limits provided for in the regulations, with the documents and information — including in respect of the basis for the claim — required by the rules of the Board, in accordance with those rules.
(4) An application to become a permanent resident made by a protected person is governed by Part 1.
Plain English
Section 99 authorises a foreign national to claim refugee protection. A claim may be made:
- to an officer at a port of entry;
- to an officer in Canada after entry; or
- outside Canada — but only in prescribed circumstances (primarily for resettlement programs).
A person who makes a claim triggers the referral process under s 100 and the examination under s 101.
Practical effect
Making a refugee claim at the border or inland triggers an immediate process: the officer examines whether the claim is eligible to be referred to the RPD, or whether an ineligibility ground applies under s 101. An eligible claim is referred to the RPD for a hearing.
The Canada-US Safe Third Country Agreement (STCA) means that persons crossing the US-Canada land border at an official port of entry are generally ineligible to make a refugee claim — they are returned to the US. However, persons who cross irregularly between ports of entry are not subject to the STCA.