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Cessation

Disclaimer: This post provides general legal information only. To have an individualized assessment of your circumstances, please consult with a lawyer. Don Valley Community Legal Services offers free legal advice. Please call our Intake Line at 416-441-1764 ext. 1.

What is cessation? Cessation is the loss of refugee status in Canada on a finding that a person “voluntarily reavailed themself of the protection of their country of nationality”, most commonly by returning to the country against which they claimed refugee protection.1 In simple terms, it means a refugee loses their right to remain in Canada.

A cessation finding is a rejection of a person’s refugee claim. It results in person automatically losing their Canadian permanent residence with all its benefits. This includes the right to work, study and stay in Canada without a permit, public benefits such as social assistance, disability benefits, tax benefits, housing supports, and a disruption in health benefits.2

Who is affected by cessation? Cessation affects people granted Convention refugee status or people who are in similar circumstances to refugees, known as “protected persons”.3 Spouses and children found to be refugees in Canada alongside the main refugee claimant are also vulnerable to cessation.4

What can trigger cessation? Three actions are known to trigger a cessation referral:

  • Traveling to your country of nationality, against which you claimed persecution
  • Traveling using a passport from your country of nationality
  • Renewing the passport from your  country of nationality

Why does Canada take away refugee status for these actions? Canada assumes that a refugee’s voluntary decision to return to their former country of persecution means that they are no longer afraid, or that they have enough trust in the protections available in that country to keep them safe during their stay. Canada assumes they no longer require Canada’s protection.

The use or renewal of that country’s passport, it is argued, show that the person trusts in that country’s diplomatic protection. Travelers to a third country risk running into problems during travel, and potentially will need to rely on the embassy of the country whose passport they hold, to resolve such problems. For travel purposes, to avoid triggering a cessation referral, a protected person is advised to apply for a refugee travel document, rather than on their country’s passport. This type of travel document cannot be used for travel to the country of nationality.

What happens during the cessation process? The Canada Border Services Agency (CBSA) keeps track of all international travel, and questions returning travelers on where they went, how long they stayed, and what was their purpose for travel. CBSA Officers note when a returning permanent resident, previously found to be a Convention refugee, returns from their country of nationality and record the passport or travel document on which they traveled.

While a protected person might not have a problem the first time they travel back to their country of origin, the Canada Border Services Agency often builds a record of multiple trips to mount a stronger case for a future cessation application.

The CBSA files an “Application to Cessate Refugee Protection” with the Refugee Protection Division of the Immigration and Refugee Board of Canada with supporting documentation – the interviewing officer’s solemn declaration and supporting records – and sends the person a copy.

The Refugee Protection Division holds a hearing to determine whether the person has indeed “voluntarily re-availed” themselves of their country’s protection, and to permit the protected person the opportunity to make arguments, submit evidence and elicit testimony in their defense.

It is vital that a person facing a cessation hearing seek the help of an experienced lawyer as early as possible.5

A person’s circumstances are evaluated on a case-by-case basis, according to various factors. In addition to Canadian and international law, and policy guidance, these factors include:

  • the severity of the consequences of cessation
  • the person’s awareness of the potential for cessation
  • their age, education and level of sophistication
  • the risk the person was taking by returning depending on whether their persecutor had been a private individual or state actor (for instance, a non-state actor might be unlikely to detect if the person returned for a short visit)
  • the voluntariness in renewal of passport
  • use of the passport to travel to one’s country of nationality or elsewhere
  • whether the person had compelling reasons to travel, or whether it was for leisure
  • how many times the person traveled, and how long they stayed
  • security precautions that the person took during their travels (for instance, hiring private security or staying hidden), indicating fear and lack of trust in the country’s protection6

What happens after cessation? After losing refugee status and Canadian permanent residence, a person may apply to stay in Canada by other various applications:

  • application for permanent residence on Humanitarian and Compassionate grounds
  • a pre-removal risk assessment
  • temporary resident permit
  • work permit and/or study permit

It can take considerable time and money to prepare such applications, and depending on the application, more than one year to have these applications approved. For the Humanitarian and Compassionate applications, the temporary resident permit, and the pre-removal risk assessment, applicants must wait 12 months before they can apply, with exceptions where there are minor children affected, or a medical condition posing a risk to life.

Beware that the CBSA may seek to remove a person to their country of nationality following cessation of their refugee status. It is advisable to seek timely assistance from a lawyer to request deferral of removal from the CBSA, or to apply for a stay of removal in Federal Court.

Avoiding cessation is best. It is a common pitfall for individuals to confer with others in similar situations and make the calculation that they are unlikely to face cessation if their friend did not have this problem. While there might be compelling, unavoidable reasons to travel to one’s home country, such as to take care of a sick family member, the anxiety and loss of income associated with losing protected person status is rarely worth the risk.

It is advisable that a protected person apply for Canadian citizenship as soon as they are eligible, as Canadian citizens might be less vulnerable to cessation. Ordinarily, a Canadian permanent resident meets the physical presence test once they have lived in Canada as a permanent residence for 1,095 days (3 years) out of the last five years, with half of the days they spent as a Convention refugee prior to becoming a permanent resident also counting towards the physical presence count in Canada.

Footnotes

[1] Section 108(1)(a) of the Immigration and Refugee Protection Act, https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-108.html. Other grounds on which cessation may be found are where the person became re-established in the country against which they sought refugee protection, they reacquired their nationality, they acquired a new nationality, or the reasons they originally made the refugee claim no longer exist.

[2] Currently there is a Federal Court challenge to the automatic loss of permanent residence upon cessation, headed by Downtown Legal Services.

[3] For example, people who are granted entry to Canada who are affected by civil war, armed conflict, or massive human rights violations; people resettled to Canada under special programs for protection purposes; people granted temporary resident permits for protection purposes, etc.

[4] The vulnerability to cessation of spouses and children of persons found to be refugees overseas should be discussed with a lawyer.  The law on this subject is murky, and requires careful analysis of past immigration records.

[5] While our immigration team does not typically handle cessation cases, we will refer you to lawyers who are experienced in this work.

[6] Canada (Citizenship and Immigration) v. Galindo Camayo, 2022 FCA 50.