Section 104 — Cessation application by Minister
Text of provision
(1) An officer may, with respect to a claim that is before the Refugee Protection Division or, in the case of paragraph (a.1) or (d), that is before or has been determined by the Refugee Protection Division or the Refugee Appeal Division, give notice that an officer has determined that
(a) the claim is ineligible under paragraphs 101(1)(a) to (e), other than paragraph 101(1)(c.1);
(a.1) the claim is ineligible under paragraph 101(1)(c.1);
(b) the claim is ineligible under paragraph 101(1)(f);
(c) the claim was referred as a result of directly or indirectly misrepresenting or withholding material facts relating to a relevant matter and that the claim was not otherwise eligible to be referred to that Division; or
(d) the claim is not the first claim that was received by an officer in respect of the claimant.
(2) A notice given under the following provisions has the following effects:
(a) if given under paragraph (1)(a), (b) or (c), it terminates pending proceedings in the Refugee Protection Division respecting the claim;
(a.1) if given under paragraph (1)(a.1), it terminates pending proceedings in the Refugee Protection Division or, in the case of an appeal made by the claimant, the Refugee Appeal Division, respecting the claim; and
(b) if given under paragraph (1)(d), it terminates proceedings in and nullifies any decision of the Refugee Protection Division or the Refugee Appeal Division respecting a claim other than the first claim.
Plain English
Section 104 provides that if the Minister is of the opinion that refugee protection should cease because of the circumstances in s 108(1)(a) to (d) — which include the cessation grounds corresponding to Article 1C of the Refugee Convention — the Minister may apply to the RPD for a determination to that effect.
The RPD then holds a hearing at which the Minister presents evidence of cessation and the protected person can respond and present their own evidence.
Practical effect
The Minister rarely brings cessation applications for most protected persons, but they are used most frequently where there is evidence that a person has returned to their country of claimed persecution, renewed their passport, or otherwise re-availed themselves of their national government's protection. A successful cessation application has cascading consequences: loss of protected person status, potentially triggering the s 40.1 inadmissibility finding, and vulnerability to removal. Legal counsel at this stage is critical.