Cessation of refugee protection is the process by which the Refugee Protection Division (RPD) may determine that a person who was previously recognised as a Convention refugee or person in need of protection has lost that status. Cessation is governed by IRPA s 108, which incorporates the Article 1C cessation clauses of the 1951 Refugee Convention into Canadian law.

Cessation applications are made by the Minister of IRCC or the Minister of Public Safety (through CBSA) to the RPD. The Minister bears the burden of establishing the cessation ground on a balance of probabilities.

• IRPA s 108(1) — sets out the five cessation grounds: voluntary re-availment, new nationality, voluntary re-establishment, changed country conditions, and permanent protection in a third country
• IRPA s 108(2) — where cessation is established because country conditions have changed, the RPD may reject the application if there are compelling reasons arising from previous persecution for refusing to avail themselves of protection
• Refugee Convention Article 1C — the international cessation clauses that s 108 incorporates

The five cessation grounds (s 108(1))

• (a) Voluntary re-availment: The person voluntarily re-availed themselves of the protection of their country of nationality — typically by obtaining a passport from that country, travelling to that country, or otherwise voluntarily accepting the protection of the state they feared. The key elements are voluntariness, intention, and the actual obtaining of protection.
• (b) Voluntary reacquisition of nationality: The person voluntarily reacquired the nationality they had previously lost.
• (c) Acquisition of new nationality: The person has acquired a new nationality and enjoys the protection of the country of the new nationality.
• (d) Voluntary re-establishment: The person voluntarily re-established themselves in the country they left or outside which they remained owing to fear of persecution.
• (e) Changed country conditions: The circumstances in connection with which the person was recognised as a refugee have ceased to exist — the country conditions have changed to the point where the basis of the refugee claim no longer exists. This is the most commonly invoked cessation ground in Canada in recent years, particularly in respect of persons who obtained protection many years ago when their home country conditions were different.

Compelling reasons exception

Where the Minister relies on changed country conditions (ground (e)), the RPD must also consider whether there are compelling reasons arising from previous persecution — particularly past severe persecution — that justify the person continuing to refuse to avail themselves of the protection of their home country, even though country conditions have changed. This exception reflects the principle that some forms of past harm are so severe that the psychological impact justifies continued protection even after the conditions that created the risk have improved.

Consequences

A successful cessation finding means the person is no longer a Convention refugee or person in need of protection. The practical consequences are severe:

• The person's protected person status is extinguished — they lose the right to apply for permanent residence as a protected person
• If the person holds permanent residence, the cessation of refugee status does not in itself cause loss of PR status — but it may trigger inadmissibility findings or affect other immigration proceedings
• The person cannot re-apply for refugee protection on the same grounds (the bar in s 101 applies)
• A PRRA may be available in limited circumstances before removal

There is generally no right of appeal to the RAD from a cessation decision. Judicial review by the Federal Court (leave required) is available.

Cessation on the basis of re-availment of home country protection (s 108(1)(a)) is a significant and growing area of IRB practice. Persons who hold protected person status and who travel to their country of origin, obtain a passport from that country, or apply for other forms of home-country documentation may be at risk of cessation proceedings. Protected persons should seek legal advice before taking any such steps.