In January 2024, we were able to successfully defend our client from being stripped of their refugee status in Canada through a process called Cessation.
Case Overview
The Minister commenced a Cessation application against our client, seeking for him to be found to no longer need protection in Canada as a refugee. Had it been allowed, our client also risked losing their permanent resident status and being deported to his home country, from which he had sought and obtained refugee protection. Our client had fled his home country due to persecution from a certain militant group on the basis of his faith. His refugee claim was accepted and he was granted refugee protection in 2016. His spouse and children subsequently joined him in Canada, and they have all lived together in Canada since.
After many years when our client was eligible for and applied for Canadian citizenship, he accurately disclosed that he had taken one trip to Pakistan since arriving here and obtaining refugee protection. This information was transmitted to the Canada Border Service Agency, which launched a cessation application against him.
The basis of the cessation application was that our client had applied for a passport from, and had used the passport to travel to his home country. Therefore, the CBSA claimed that our client had “re-availed” the protection of their home country. Essentially, their position was that our client was no longer afraid, or he had enough trust in the protections available in his home country to keep him safe during his stay. For these reasons, the CBSA claimed that his refugee protection should cease because he no longer needed protection from Canada.
Jain Immigration Representation
At the Hearing before the Refugee Protection Division, we presented most recent case law from the Federal Court of Appeal and the Federal Court, and argued that our client had rebutted the presumption of re-availment based on a number of subjective and objective factors that were present in his case. More specifically, we emphasized that our client had only taken one trip which was based on the highly compelling purpose of visiting his ailing mother that did indeed end up passing during this visit; he had taken extreme protective measures to try and conceal his identity from his persecutors, which were non-state actors; and that he did not know the consequences of traveling back to the country he had previously fled.
Fortunately, the RPD decision-maker agreed with our arguments and dismissed the Minister’s cessation application! Our client is able to retain his status in Canada and hopes to become a Canadian citizen as soon as his pending citizenship application is approved.
Canadian Immigration Lawyers for Complex Cases
The Cessation process is highly complicated and the law in this regard is just as complex and ever-evolving. Based on the statistics published on the Immigration and Refugee Board’s website, vast majority of cessation applications are allowed. In 2020, the IRB allowed the Minister’s application and ceased refugee protection in 95% of the cases, in 2021, in 88% of the cases, and in 2022, in 90% of the cases.
In light of the severe consequences if the Minister’s application is granted, it is vital to obtain experienced legal representation as soon as possible. If you are looking for an experienced lawyer for complex immigration matters, we can assist. Contact us to book a consultation.