Start Your Process Today to appeal a cessation of PR case inside Canada!
Find out how you could maintain your PR status and to extend stay in Canada.
What is Cessation of Permanent Residency Case in Canada?:
An IRCC cessation of refugee case refers to situations where the Immigration, Refugees and Citizenship Canada (IRCC) evaluates whether a person’s refugee status in Canada should be revoked or terminated. In Canada, this process is governed by the Immigration and Refugee Protection Act (IRPA) and international obligations such as the 1951 Refugee Convention. The cessation of refugee status can be triggered if certain conditions apply, signalling that the person no longer qualifies for protection under Canadian law.
Grounds for Cessation of Refugee Status in Canada
Under Canadian immigration law, the cessation of refugee status may occur for the following reasons:
Voluntary Repatriation
- If a refugee voluntarily returns to their home country or takes steps to re-establish their life there, it may indicate that the reasons for seeking refuge no longer exist. This could lead to the cessation of their refugee status.
Re-acquisition of Nationality
- If a refugee acquires or reacquires the nationality of their home country, they may no longer meet the definition of a refugee, as they would again be under the protection of that country.
Change in Circumstances
- If the conditions that led to the refugee’s fear of persecution have changed, making it safe for them to return to their country of origin, their refugee status may be revoked. This could happen if there has been significant political or social change, such as the cessation of armed conflict or a new government that guarantees the safety of former refugees.
Acquiring a New Nationality
- If a refugee acquires a new nationality and can return to that new country without fear of persecution, their refugee status in Canada may be revoked.
Conduct Prejudicial to Canada
- If a refugee is found to have committed serious crimes or engaged in conduct that is contrary to the values of the country (e.g., war crimes, crimes against humanity, terrorism, or organized crime), their refugee status may be revoked. This also applies to refugees whose activities pose a threat to Canadian public order or security.
False Claim for Refugee Status
- If a person’s refugee status was granted based on fraudulent information or misrepresentation (e.g., lying about identity or the reasons for seeking refuge), their status can be revoked. In cases where it is determined that a refugee claim was based on falsehoods, their claim may be nullified.
Legal Process for Cessation in Canada
In Canada, the Immigration and Refugee Board of Canada (IRB) is responsible for determining whether a refugee’s status should be ceased. However, IRCC may initiate the cessation process, and the Canada Border Services Agency (CBSA) might also be involved in investigating cases.
The process generally involves the following steps:
1. Initiation of Cessation Process:
- The cessation process may be triggered by the IRCC, the CBSA, or the refugee themselves if they wish to voluntarily give up their refugee status. It can also be initiated by the UNHCR in some cases.
- The authorities assess whether there are grounds for cessation, such as a change in circumstances in the refugee’s home country or new information indicating the refugee no longer faces a risk of persecution.
2. Investigation and Review:
- The authorities will review the refugee’s case and the reasons they initially claimed asylum. This includes an evaluation of any changes in the country of origin, any new legal developments, or issues regarding the individual’s conduct.
3. Referral to the Immigration and Refugee Board (IRB):
- If the IRCC or CBSA determines there are grounds for cessation, they may refer the case to the Refugee Protection Division (RPD) of the Immigration and Refugee Board for a hearing.
- The person involved will be notified of the cessation proceedings and will have the right to present their case.
4. Decision by the IRB:
- The Refugee Protection Division (RPD) of the IRB will conduct a hearing to determine whether the refugee’s status should be ceased. If the RPD finds that the conditions for cessation are met, the refugee status is revoked. If the person’s status is maintained, they continue to be protected under Canadian law.
5. Appeal:
- If a refugee’s status is revoked, they may have the right to appeal the decision to the **Refugee Appeal Division (RAD)**, or in some cases, seek judicial review before the Federal Court.
Impact of Cessation of Refugee Status
Once a person’s refugee status is ceased, they no longer have the same legal rights and protections under Canada’s immigration and refugee laws. This means they could:
- Lose their right to stay in Canada as a protected person.
- Be required to leave Canada, unless they have other immigration status (e.g., a work or study permit).
- Be subject to removal proceedings, depending on their legal status in Canada.
However, if the refugee is unable to return safely to their home country due to ongoing threats of persecution, they might apply for a new claim or protection under a different legal framework (such as humanitarian and compassionate grounds).
Cessation vs. Expulsion
It’s important to distinguish between cessation (revocation of refugee status) and expulsion (removal of someone from the country). While cessation ends a refugee’s status, expulsion typically involves the removal of an individual from the country for reasons such as criminality or security concerns.
Conclusion
In an IRCC cessation of refugee case, Canadian authorities will carefully assess whether the person still meets the international and Canadian criteria for refugee protection. This process ensures that individuals who no longer face risks in their home countries, or who engage in conduct that poses a threat, do not maintain their refugee status. However, this process is carefully regulated to ensure fairness and respect for the rights of individuals.
Start your Process Today by Completing the Online Assessment Form.
Our Clients
