Cessation application (refugee status)
Statutory definition
Section 108(1) provides that a claim for refugee protection is rejected and the protection ceases if the claimant: has voluntarily re-availed themselves of the protection of their country of nationality; has voluntarily reacquired their nationality; has acquired a new nationality and enjoys the protection of that country; has voluntarily established themselves in the country they left or from which they stayed away; or can no longer refuse the protection of their country because the circumstances no longer exist. Section 108(2) allows the Minister to apply to the RPD to cease protection.
Explanation
A cessation application by the Minister results in a hearing before the RPD. If cessation is found, the protected person loses their protection status and their permanent residence application is refused or their PR status may be revoked. The most common trigger is travel to the country of nationality — CBSA tracks travel history through CBSA entries and passport databases. Protected persons and PRs who obtained PR through the refugee class should avoid travel to their country of nationality, particularly if the original claim was based on persecution by the government of that country.