What is a Convention refugee?

Convention refugee status is recognition under section 96 of the Immigration and Refugee Protection Act (IRPA) that someone has a well-founded fear of persecution and qualifies for refugee protection in Canada. The term derives from the 1951 UN Convention Relating to the Status of Refugees and its 1967 Protocol, which Canada is party to.

IRPA s. 96 imports the Convention's definition into Canadian law. A person granted Convention refugee status becomes a Protected Person, which is the foundation for permanent residence eligibility.

The five grounds

To qualify under s. 96, the claimant must demonstrate a well-founded fear of persecution based on one of these five Convention grounds:

1. Race
2. Religion
3. Nationality
4. Political opinion
5. Membership in a particular social group

The "particular social group" ground has been judicially interpreted to include:

• LGBTQ+ identity
• Gender (women fleeing domestic violence, FGM, "honour"-based persecution)
• Family-based groups (targeted because of family relationship)
• Past characteristics that cannot be changed (former political activists, former union members)

The s. 96 test

To establish a Convention refugee claim, the claimant must show:

• Outside country of nationality — physically present in another country (typically Canada for RPD claims).
• Well-founded fear — both subjective (the claimant personally fears persecution) and objective (the fear is reasonable based on country conditions and personal risk).
• Persecution — serious harm threatening basic human rights. Discrimination alone usually isn't persecution; cumulative or serious harm typically is.
• Convention nexus — the persecution must be on one of the five grounds.
• State protection unavailable — the home state cannot or will not protect the claimant.
• Internal flight alternative (IFA) unavailable — the claimant cannot reasonably relocate within their country to escape the risk.

Convention refugee vs. Person in need of protection (s. 97)

• s. 96 (Convention refugee): requires nexus to one of five Convention grounds.
• s. 97 (Person in need of protection): broader — covers risk of torture, cruel and unusual treatment, or risk to life. No Convention-nexus required. Used for some criminality risk, generalized violence risk to a personalized group, etc.

Most refugee claims at the RPD plead both s. 96 and s. 97 in the alternative.

State protection and IFA

The two most-litigated elements at the RPD are:

• State protection: presumed available unless the claimant rebuts. Police reports filed (or evidence why not), state response, country-conditions evidence on systemic failures are typical evidence.
• Internal flight alternative: if there's a safer region in the country, the claimant must show it's not reasonable to relocate. Considers ongoing risk, ability to travel, family ties, ethnic/linguistic ability to assimilate.

See also

• RPD — the tribunal that decides Convention refugee claims.
• RAD — the appeal division.
• PRRA — pre-removal alternative.
• Refugee Claims Guide.