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Cessation of Refugee Status

Cessation of Refugee Status

The Government of Canada frequently initiates cessation proceedings against individuals who were previously granted refugee protection but are now alleged to no longer require it. These proceedings are governed by Section 108 of the Immigration and Refugee Protection Act (IRPA) and can have severe consequences, including the loss of refugee status, permanent resident status, and potential inadmissibility to Canada (IRPA s. 40.1 and 46(1)(c.1)).

At Kahlon Law Office, we provide skilled legal representation for individuals facing cessation or vacation applications filed by the Minister. Our team is experienced in navigating the complexities of these proceedings and advocating for our clients' rights before the Refugee Protection Division (RPD).

Cessation & Vacation of Refugee Status

Immigration, Refugees and Citizenship Canada (IRCC) can request the Immigration and Refugee Board of Canada (IRB) to either "cease" or "vacate" a person’s refugee status. The IRB may determine that an individual is no longer entitled to refugee protection if they:

What are the other ways to lose refugee status?

Refugee status may also be lost if:

  • A removal order made against the person comes into force.
  • A final determination is made that the person’s refugee protection has ceased.
  • A final determination is made to vacate the original decision granting refugee protection.
  • The person applies to renounce their permanent resident status voluntarily.

What are the legal implications and key case law governing cessation of refugee status matters?

The 2012 amendments to IRPA significantly increased the consequences of cessation proceedings. If a protected person loses their status under paragraphs 108(1)(a)–(d), they automatically become inadmissible to Canada and lose their permanent resident status (IRPA s. 40.1(1), 46(1)(c.1), and 108(3)).

Several court decisions have shaped the interpretation of cessation provisions:

  • Ravandi v. Canada, 2016 FC 642 – The Federal Court ruled that once a refugee’s protection ceases under IRPA s. 108(1)(a)–(d), they automatically lose their permanent resident status, regardless of whether cessation was also based on s. 108(1)(e) (change in circumstances).
  • Bashir v. Canada, 2016 FC 830 – The Court confirmed that in cases of reavailment (IRPA s. 108(1)(a)), the Minister must prove all three elements: voluntariness, intention, and actual reavailment.
  • Cadena v. Canada, 2017 FC 39 – This case addressed whether a minor can form the required intent for reavailment under s. 108(1)(a). The Court found that an 11-year-old’s intent should generally align with that of their parent.
  • Mayell v. Canada, 2020 FC 354 – The Court ruled that a misunderstanding of the law regarding passport use could be relevant in cessation cases. The RPD should have considered whether the applicant believed obtaining a passport would not impact their refugee status.
  • Camayo v. Canada, 2021 FC 46 – The Federal Court found that ignorance of the law and lack of awareness of legal consequences should be considered when determining intention to reavail.
  • Peiqrishvili v. Canada, 2018 FC 123 – The Court clarified that evidence of a refugee taking precautions to avoid their agent of persecution should be considered when assessing intent in cessation cases.

Zaric v. Canada, 2015 FC 837 – The Federal Court clarified that a Canadian citizen cannot be subject to cessation proceedings under IRPA s. 108, as refugee status is automatically terminated upon acquiring citizenship. However, the Court ruled that even as a Canadian citizen, Miodrag Zaric’s “protected person” status remained under IRPA. The Minister’s application to vacate his refugee status under IRPA s. 109(1) was valid, meaning the case had to be reconsidered on its merits. A Canadian citizen cannot be subject to cessation under IRPA s. 108, but they can still have their refugee status vacated under IRPA s. 109(1) if it was obtained by misrepresentation.

Why choose Kahlon Law Office for your cessation of refugee status matter?

At Kahlon Law Office, we offer:

  •  Comprehensive case assessment to determine vulnerabilities in cessation or vacation claims.
  •  Strategic defence to counter allegations of re-availment, nationality reacquisition, or re-establishment.
  •  Representation before the RPD to challenge cessation and vacation applications.
  •  Judicial review applications before the Federal Court where necessary.

If you are facing cessation or vacation proceedings, timely legal action is crucial. Contact Kahlon Law Office for dedicated legal assistance in protecting your status in Canada.

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