IRPA s.96 — Convention Refugee Definition
Defines a Convention refugee for Canadian refugee protection purposes — a person who has a well-founded fear of persecution on race, religion, nationality, political opinion, or membership in a particular social group. The foundational refugee definition.
What is IRPA s.96?
IRPA s.96 defines a Convention refugee for Canadian refugee protection purposes. The text:
A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, (a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or (b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.
The five Convention grounds
To establish a s.96 claim, the well-founded fear must be on one of these grounds:
- Race
- Religion
- Nationality
- Membership in a particular social group — most-litigated; includes gender, sexual orientation, family relationships, social class
- Political opinion (including imputed political opinion)
"Particular social group" — broadly interpreted
Canadian jurisprudence reads "particular social group" broadly. Recognized groups include:
- Women facing gender-based persecution
- LGBTQ+ individuals
- Family members of targeted individuals
- Survivors of domestic violence in countries with inadequate state protection
- Religious minorities (Ahmadis, Bahais, Christians in certain regions)
- Political opponents and their families
s.96 vs s.97 — when each applies
- s.96 (Convention refugee): persecution for one of the 5 Convention grounds
- s.97 (Person in need of protection): substantial risk of torture, cruel/unusual treatment, or risk to life — NOT tied to a Convention ground
A claimant can argue both s.96 and s.97 in the same claim — they're not mutually exclusive.
Where the claim is heard
s.96 claims are heard at the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). Negative RPD decisions are appealable to the Refugee Appeal Division (RAD). RAD decisions are reviewable in Federal Court.
What Halani does
Halani's Shoukat Halani is RCIC-IRB licensed — authorized to represent at RPD hearings, RAD appeals, and PRRA applications. We accept legal-aid certificates (Ontario, BC, Quebec) for eligible claimants.
Not sure how IRPA s.96 applies to your file?
Halani Immigration Services Inc. — Regulated Canadian Immigration Consultant (RCIC-IRB R711322). Free eligibility assessment, no obligation.
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