Cessation of refugee protection
Statutory definition
Section 108(1) of the Immigration and Refugee Protection Act, SC 2001, c 27, provides that a claim for refugee protection is rejected, and a person loses their protected person status, where the person has voluntarily re-availed themselves of the protection of their country of nationality; voluntarily reacquired their nationality; acquired a new nationality; voluntarily re-established themselves in the country of persecution; the reasons for protection have ceased to exist; or the claim was fraudulently obtained.
Explanation
Cessation is a mechanism for the Minister to seek the revocation of refugee protection when the basis for that protection no longer exists or was obtained improperly. Key cessation grounds:
- Re-availment — obtaining or renewing a passport from the country of persecution, or returning to that country voluntarily, may be evidence of re-availment
- Changed country conditions — a fundamental change in the country of origin such that the protection is no longer necessary
- Fraud — protection obtained through material misrepresentation
If cessation is granted, the person loses protected person status and becomes subject to a removal order. Permanent residents who lose protection through cessation also lose their permanent residence status under s 40.1.
How this term is used
Cessation applications are made by the Minister of Public Safety to the RPD. Refugee travel documents (issued by IRCC) are different from passports — using a refugee travel document does not constitute re-availment. However, returning to the country of persecution may be treated as re-availment even if done using a Canadian travel document.