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Regulation 338 — Refugee protection

Immigration and Refugee Protection Regulations r 338 Canada Compilation: 2026-03-17 Verified: 2026-05-23

Text of provision

Refugee protection is conferred under the Immigration and Refugee Protection Act on a person who

(a) has been determined in Canada before the coming into force of this section to be a Convention refugee and

(i) no determination was made to vacate that determination, or

(ii) no determination was made that the person ceased to be a Convention refugee;

(b) as an applicant or an accompanying dependant was granted landing before the coming into force of this section after being issued a visa under

(i) section 7 of the former Regulations, or

(ii) section 4 of the Humanitarian Designated Classes Regulations; or

(c) was determined to be a member of the post-determination refugee claimants in Canada class before the coming into force of this section and was granted landing under section 11.4 of the former Regulations or who becomes a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

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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