Section 104.1 — Immigration and Refugee Protection Act: Presence in Canada

For the purposes of subsection 107(1), if a person making a claim for refugee protection is not physically present in Canada, the Refugee Protection Division in the case where the person has voluntarily returned to the country in respect of which they claimed refugee protection and the Refugee Protection Division has not yet made a decision in respect of the claim, must determine that the claim has been abandoned;

and in any other case, must not commence, or must suspend, consideration of the claim. If a person who is the subject of an appeal is not physically present in Canada, the Refugee Appeal Division in the case where the person has made the appeal and has voluntarily returned to the country in respect of which they claimed refugee protection and the Refugee Appeal Division has not yet made a decision in respect of the appeal, must determine that the appeal has been abandoned;

and in any other case, must not commence, or must suspend, consideration of the appeal, other than an appeal by the Minister.