Warning: Understand Cessation of Refugee Status and the Need for Honesty
“The truth will set you free, but first it will make you miserable.”
— James A. Garfield
Introduction
As a Registered Canadian Immigration Consultant (RCIC), I’m here to guide you through refugee status under the Immigration and Refugee Protection Act (IRPA). Refugee status protects those fleeing persecution, but it can be lost through cessation if you no longer need Canada’s help—like returning to your home country. The Canada Border Services Agency (CBSA) files hundreds of cessation cases yearly, though few succeed. Refugee claims inside Canada are rising fast, increasing scrutiny. Canada’s policy under the Liberal government has been less strict on refugee claimants, but if policies or the government change, things could get tougher. Lying on your application can also ruin everything. This article explains cessation, its risks, and why honesty matters.
What Is Cessation of Refugee Status?
Cessation means your refugee status ends because you don’t need protection anymore. It’s outlined in Section 108(1) of the IRPA, which states:
108(1) A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances:
(a) the person has voluntarily reavailed themself of the protection of their country of nationality;
(b) the person has voluntarily reacquired their nationality;
(c) the person has acquired a new nationality and enjoys the protection of the country of that new nationality;
(d) the person has voluntarily become re-established in the country that the person left or outside of which the person remained owing to fear of persecution; or
(e) the reasons for which the person sought refugee protection have ceased to exist.
The CBSA starts cessation cases—for example, if you travel back home or get a passport from your country. These go to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) for a decision. If Section 108 applies, your status is in danger.
Cessation Cases: The Numbers
The CBSA stays busy. In 2024, they filed 298 cessation applications; in 2023, it was 307. Over the past 10 years, numbers ranged from 88 (2016) to 433 (2019). But fewer than 20 people lose their status each year—the IRB keeps exact numbers below 20 private. In 2024, 295 cases were abandoned and 332 withdrawn, showing most don’t lead to cessation. Still, with over 186,000 refugee claims pending inside Canada by mid-2024, the CBSA is on high alert.
Rising Refugee Claims Inside Canada
Refugee claims from inside Canada are growing quickly. By mid-2024, over 186,000 claims were waiting—many from people here on temporary permits like study or work visas. This rise means more CBSA focus on everyone, including refugees with status. Your actions—like travel—could trigger a Section 108 case.
Canada’s Policy on Refugee Claimants
Right now, under the Liberal government, Canada’s approach to refugee claimants is less strict. The Liberals have focused on welcoming refugees and processing claims, even with the huge increase in inland applications. But this could change. If the government switches—say, to the Conservatives—or if policies tighten, rules might get stricter. Cessation enforcement could ramp up, and fewer claimants might get leniency. As an RCIC, I’ve seen how policy shifts can affect clients—stay prepared for tougher times ahead.
What Happens If Cessation Succeeds?
If the RPD sides with the CBSA, the impact is serious. Since 2012 updates to the IRPA, cessation under Section 108(1)(a) to (d)—like re-availment—also ends your permanent resident status. This can lead to a removal order under Section 44. For example, a short trip home to visit family could be seen as re-availment under 108(1)(a), threatening your life in Canada. Fewer than 20 face this yearly, but if it’s you, that’s all that counts.
Honesty in Your Application: A Must
Lying on your refugee claim is a major mistake. If you fake persecution details, use false documents, or hide facts—like past claims elsewhere—the IRPA allows the CBSA and IRB to cancel your status through vacation proceedings. These are tracked with cessation cases (298 in 2024, 307 in 2023), but fewer than 20 succeed annually. If caught, even years later, your refugee status and permanent residency can disappear. Honesty is your best protection.
Your RCIC Warning
Here’s my advice as your RCIC: 298 cessation cases in 2024, 307 in 2023, and fewer than 20 losses yearly don’t mean you’re safe—the risk is real. Inland refugee claims are up to 186,000+ by mid-2024, and the CBSA is watching. The Liberal government’s softer stance on claimants could shift if policies or leadership change, making cessation tougher. Section 108(1) is strict: travel home or lose your need for protection, and your permanent residency could go. Lie on your application, and it’s over. Be honest, avoid risks, and talk to me—or you could lose your place in Canada.
How We Can Help
As your RCIC, my team and I can protect you from these risks. We’ll review your situation to ensure your actions—like travel—don’t trigger Section 108 cessation. We’ll help you prepare an honest, strong refugee claim that meets IRPA rules, avoiding vacation proceedings. If the CBSA targets you, we’ll represent you before the RPD or courts, fighting to keep your status. With policies possibly getting stricter, we stay updated to guide you through changes. Contact us for expert advice—don’t face this alone.
Disclaimer
This article is for general information only and does not constitute legal advice. Immigration laws and policies change, and every case is unique. For advice specific to your situation, consult a Registered Canadian Immigration Consultant (RCIC) or lawyer. We are not responsible for actions taken based on this information without professional guidance.
Leave a Reply