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Cessation of refugee status

Glossary 🇦🇺 Convention Relating to the Status of Refugees 1951, Art 1C; Migration Act 1958 (Cth), s 36 Current to: 2026-03-17 Verified: 2026-05-23

Statutory definition

Article 1C of the Refugee Convention provides that refugee status ceases where the person: has re-availed themselves of the protection of their country of nationality; has voluntarily reacquired nationality; has acquired a new nationality and enjoys protection of that country; has re-established themselves voluntarily in the country they left; cannot continue to refuse the protection of the country of nationality because the circumstances have ceased to exist; or, being a stateless person, is able to return to the country of habitual residence because the circumstances have ceased to exist.

Explanation

Cessation can result in the cancellation of a protection visa. The most practically significant ground is "re-availment" — where a protection visa holder travels to the country from which they fled, which may be interpreted as demonstrating that they no longer have a genuine fear of persecution. Protection visa holders should seek legal advice before any travel to their country of nationality. The Department has the power to cancel a protection visa if satisfied that cessation grounds apply.

How this term is used

Information only. Nothing on this page is immigration advice or legal advice. Only a registered migration agent (MARN) or Australian lawyer may give immigration advice.

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