Canadian Refugee Procedure/109 - Applications to Vacate

IRPA Section 109: Applications to Vacate

Section 109 of the Immigration and Refugee Protection Act reads:

Applications to Vacate
Vacation of refugee protection

109 (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.

Rejection of application
(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.

Allowance of application
(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.

For commentary, see RPD Rule 64

Canadian Refugee Procedure/Applications to Vacate or to Cease Refugee Protection