Canadian Refugee Procedure/31.1 - Refugee Travel Document

IRPA Section 31.1

Section 31.1 of the Immigration and Refugee Protection Act reads:

Refugee Travel Document

Designated foreign national
31.1 For the purposes of Article 28 of the Refugee Convention, a designated foreign national whose claim for refugee protection or application for protection is accepted is lawfully staying in Canada only if they become a permanent resident or are issued a temporary resident permit under section 24.

Designated foreign nationals will not have the ability to travel outside of Canada for at least five years after acceptance of their refugee claim

The Canadian Immigration Lawyers Association summarizes the effect of this section as follows: designated foreign nationals will not benefit from Article 28 of the Refugee Convention, which requires contracting states, such as Canada, to issue travel documents to refugees lawfully staying in their territory. Put in simpler terms, they say, designated foreign nationals will not have the ability to travel outside of Canada for at least five years after acceptance of their refugee claim. See more: Canadian Refugee Procedure/20.1-20.2 - Designated Foreign Nationals.

UNHCR takes the position that this provision is inconsistent with Canada's obligations under the Refugee Convention

In its May 2012 submission on this section, the United Nations High Commission on Refugees (UNHCR) took the position that the above provision runs contrary to Canada’s obligation under the 1951 Refugee Convention and the 1967 protocol:

The new section 31.1 is at variance with Article 28 of the 1951 Convention, which provides that “Contracting States shall issue to refugees lawfully staying in their territory travel documents for the purpose of travel outside their territory unless compelling reasons of national security or public order otherwise require....” Although the term “lawfully staying” has no universally consistent meaning, it is UNHCR’s view that “stay” means a permitted regularized stay of some duration – including either permanent or temporary residence, while “lawful” normally is to be assessed against prevailing national laws and regulations. A judgment as to lawfulness should nevertheless take into account all the prevailing circumstances, including the fact that the stay in question is known and not prohibited. Formally 15 recognized refugees whose status in the country has been permitted by the granting State should be considered to be “lawfully staying” in their host country, and consequently, be entitled to benefit from the right to Convention Travel Documents per Article 28 of the 1951 Convention, unless there are compelling reasons of national security or public order to deny a Convention Travel Document in the individual case.