Section 102 — Cessation of refugee protection
Text of provision
(1) The regulations may govern matters relating to the application of sections 100 and 101, may, for the purposes of this Act, define the terms used in those sections and, for the purpose of sharing responsibility with governments of foreign states for the consideration of refugee claims, may include provisions
(a) designating countries that comply with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture;
(b) making a list of those countries and amending it as necessary; and
(c) respecting the circumstances and criteria for the application of paragraph 101(1)(e).
(2) The following factors are to be considered in designating a country under paragraph (1)(a):
(a) whether the country is a party to the Refugee Convention and to the Convention Against Torture;
(b) its policies and practices with respect to claims under the Refugee Convention and with respect to obligations under the Convention Against Torture;
(c) its human rights record; and
(d) whether it is party to an agreement with the Government of Canada for the purpose of sharing responsibility with respect to claims for refugee protection.
(3) The Governor in Council must ensure the continuing review of factors set out in subsection (2) with respect to each designated country.
Plain English
Section 102(1) provides that refugee protection ceases when a person voluntarily re-avails themselves of the protection of their country of nationality, voluntarily re-acquires their nationality, acquires the nationality of a new country and avails themselves of its protection, voluntarily re-establishes themselves in the country they fled, or the reasons for which they were recognised as a Convention refugee have ceased to exist.
These grounds mirror Article 1C of the Refugee Convention. Cessation removes the person's protected person status, meaning they are no longer protected from removal to their country of nationality or habitual residence.
Practical effect
Cessation applications are brought by the Minister before the Refugee Protection Division. The Minister must establish on a balance of probabilities that one of the cessation grounds applies. If cessation is established, the person loses protected person status and may be subject to removal. Cessation is distinct from vacation — cessation applies where circumstances have changed, whereas vacation (s 109) applies where protection was obtained by misrepresentation. Where a person has obtained Canadian permanent residence, a cessation finding triggers a finding of inadmissibility under s 40.1.