The Minister can seek in certain circumstances to have a person’s status as a protected person or refugee removed
Cessation & Vacation of status Hearings
Cessation & Vacation of Refugee or protected person status Lawyer
The Immigration and Refugee Board of Canada can issue a decision which would in essence lead to the loss of a person’s status as a refugee or protected person and potentially permanent residence in the following circumstances:
- A person can cease to hold their refugee status if they voluntarily re-avail themselves of the protection
of their country of nationality or obtain protection from another country (citizenship).
- A person can have their refugee status vacated if they obtained their status as a protected person by directly or indirectly misrepresenting or withholding material facts relating to their claim.
What are the consequences if the Minister is successful in their application for cessation or vacation?
If the Minister is successful in their application for vacation or cessation it can lead in some cases to loss of permanent residence status which in effect would allow the Minister to initiate removal proceedings.
The Law allows for the loss of one’s permanent residence status if refugee protection ceases under section 108 (1) (a) to (d) of the Act and/or if there is a finding of inadmissibility under A 40.1.
There might be no loss of permanent residence status if refugee protection is removed because of a change in country conditions.
What is the process under a vacation or cessation proceeding at the Immigration Refugee Board of Canada?
What can a lawyer do in a vacation or cessation proceeding?
A Cessation and Vacation Lawyer can assist you in:
- Assist you in obtaining a copy of your record from the Board
- Review your matter and advise you as to the strength and weaknesses in your matter
- Explain to you the applicable test in simple terms that you can understand
- Assist you in determining what documents to obtain or provide the Minister and the Board
- Prepare you for the hearing and determine if procedural accommodations are required
- Assist you providing disclosures to the Minister and the Board
- Attend your hearing and ask you questions in response to the Minister’s questions
- Make oral or written submissions at the hearing as to why the Member should not grant the Minister’s application to cessate or vacate your status.
- Make further submissions or submit additional disclosures if necessary by way of an application post hearing
What are my chances of success under such determination processes?
Please note that this is general Information and should not be construed as legal advice.