Cessation & Vacation

Cessation & Vacation

1. At hearing or after protection granted

2. Cessation IRPA 108(1)

   • 108(1)(a) voluntary reavailment
   • 108(1)(b) volutary re-aquired nationality
   • 108(1)(c) aquirement of new nationality, including protection of that country
   • 108(1)(d) voluntary reestablishment in country they claimed protection from
   • 108(1)(e) reasons person sought protection cease to exist
     • no automatic pr status loss for cessation under 108(1)(e)
   • Consequences of cessation on grounds 108(1)(a-d): Refugee or PR lose refugee and/or pr status, cannot apply for refugee protection a second. 1 year ban on applying for PRRA, 3 years from DCO
   • No appeal to RAD

3. IRPA 109 Vacation: from misrepresentation

   • misrep must pertain to a relevant matter
   • no new evidence unless in response to minister's evidence
     • minister can only give new evidence pertaining to misrep
   • board may reject if there is sufficient other evidence to continue protection
   • Successful vacation, no 1 yr ban from PRRA, PR status lost
   • no appeal/no reopening

4. Burden of proof is on the Minister

5. Compelling Reasons Exception 108(4)

   • 108(1)(e) does not apply for someone with a compelling reason for protection
   • ie, appalling or horrific experience, very serious or atrocious form of persecution
   • unique or exceptional reasons
   • proof of continuing psychological after-effects, not a requirement but useful
     • medical/psychological reports as evidence