加拿大難民程式/108 - 難民保護終止
< 加拿大難民程式
《移民與難民保護法》第 108 條規定
Cessation of Refugee Protection Rejection 108 (1) A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances: (a) the person has voluntarily reavailed themself of the protection of their country of nationality; (b) the person has voluntarily reacquired their nationality; (c) the person has acquired a new nationality and enjoys the protection of the country of that new nationality; (d) the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or (e) the reasons for which the person sought refugee protection have ceased to exist. Cessation of refugee protection (2) On application by the Minister, the Refugee Protection Division may determine that refugee protection referred to in subsection 95(1) has ceased for any of the reasons described in subsection (1). Effect of decision (3) If the application is allowed, the claim of the person is deemed to be rejected. Exception (4) Paragraph (1)(e) does not apply to a person who establishes that there are compelling reasons arising out of previous persecution, torture, treatment or punishment for refusing to avail themselves of the protection of the country which they left, or outside of which they remained, due to such previous persecution, torture, treatment or punishment.
有關評論，請參閱 RPD 規則 64：加拿大難民程式/RPD 規則 64 - 撤銷或終止難民保護的申請。