加拿大難民程式/109.1 - 指定來源國

IRPA 第 109.1 條

《移民與難民保護法》第 109.1 條規定

Designated Countries of Origin

Designation of countries of origin
109.1 (1) The Minister may, by order, designate a country, for the purposes of subsection 110(2) and section 111.1.

Limitation
(2) The Minister may only make a designation
(a) in the case where the number of claims for refugee protection made in Canada by nationals of the country in question in respect of which the Refugee Protection Division has made a final determination is equal to or greater than the number provided for by order of the Minister,
(i) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division during the period provided for in the order, are rejected or determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order, or
(ii) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division, during the period provided for in the order, are determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order; or
(b) in the case where the number of claims for refugee protection made in Canada by nationals of the country in question in respect of which the Refugee Protection Division has made a final determination is less than the number provided for by order of the Minister, if the Minister is of the opinion that in the country in question
(i) there is an independent judicial system,
(ii) basic democratic rights and freedoms are recognized and mechanisms for redress are available if those rights or freedoms are infringed, and
(iii) civil society organizations exist.

Order of Minister
(3) The Minister may, by order, provide for the number, period or percentages referred to in subsection (2).

Statutory Instruments Act
(4) An order made under subsection (1) or (3) is not a statutory instrument for the purposes of the Statutory Instruments Act. However, it must be published in the Canada Gazette.

來源國是指難民的國籍國或習慣居住國

在移民和難民法中，“來源國”一詞是指難民的國籍國或習慣居住國。該術語在《難民公約》第三條中使用，法院發現該術語透過該條款納入《IRPA》。