One IRCC Verification Call, a Five-Year Ban: Misrepresentation and the Innocent Mistake Defence
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Immigration and Refugees Law
Refugee Cessation in Canada: How Travelling Home or Using Your National Passport Can End Protection
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Refugee Cessation in Canada: How Travelling Home or Using Your National Passport Can End Protection
Can a refugee lose protection in Canada for travelling home or using their national passport? Yes. Under section 108(1)(a) of the Immigration and Refugee Protection Act (IRPA), refugee protection can cease if a person has voluntarily re-availed themselves of the protection of their country of nationality—for example, by obtaining or renewing that country’s passport and travelling on it. The Minister may apply to the Refugee Protection Division (RPD) to cease protection. For protected persons who became permanent residents, a cessation decision can also result in the loss of permanent resident status. The presumption of re-availment can be rebutted with evidence. Pax Law Corporation represents protected persons facing cessation applications.
Summary: Refugee Cessation
| Issue | Rule | Authority |
|---|---|---|
| Ground for cessation | Voluntary re-availment of the protection of one’s country of nationality | IRPA s 108(1)(a) |
| Who decides | The RPD, on application by the Minister | IRPA s 108(2) |
| Effect on permanent residents | Loss of PR status on a final cessation determination under s 108(1)(a)–(d) | IRPA s 46(1)(c.1) |
| Inadmissibility | Inadmissible following a final cessation determination under s 108(1)(a)–(d) | IRPA s 40.1(2) |
| Assessing re-availment | Voluntariness, intention and actual re-availment; the presumption can be rebutted | Canada (Citizenship and Immigration) v Galindo Camayo, 2022 FCA 50 |
Why a Passport Matters
A passport is a request for the protection of the state that issues it. When a refugee applies for, renews or travels on their national passport, the law presumes they have re-placed themselves under that state’s protection. Travel back to the country of feared persecution makes that presumption stronger. Cessation is not limited to people who have not yet become permanent residents, so it remains a risk for many protected persons who later obtained PR status.
The Galindo Camayo Framework
In Galindo Camayo, 2022 FCA 50, the Federal Court of Appeal held that the RPD must look at the individual’s actual circumstances rather than treating passport use as automatically conclusive. Relevant factors include:
- whether the person knew the legal consequences of obtaining or using the passport;
- whether the travel was voluntary or compelled by circumstances, such as a family emergency;
- the purpose, frequency and length of any travel;
- precautions taken while in the country of nationality; and
- whether the person actually obtained protection from that state.
These factors guide an individualized assessment rather than operating as a rigid checklist. Lack of knowledge of the consequences is relevant but not decisive on its own.
What Happens at a Cessation Hearing
The Minister files an application with the RPD and discloses evidence, often including passport records and travel history obtained at the border. The protected person can file evidence, testify and make submissions. Preparation typically includes a detailed affidavit explaining each trip and each passport application, documents supporting the reasons for travel, and evidence of the person’s continuing fear.
Consequences of a Cessation Decision
A final cessation decision means refugee protection ends. For permanent residents, cessation under s 108(1)(a)–(d) can lead to loss of PR status and inadmissibility, with limited routes for relief. A cessation decision may be challenged by application for leave and judicial review in the Federal Court within 15 days.
Before You Travel or Renew a Passport
Protected persons should seek legal advice before applying for or renewing a national passport, and before any travel to their country of nationality. A Canadian refugee travel document is generally the safer option for international travel until citizenship is obtained.
Frequently Asked Questions
Does becoming a permanent resident protect me from cessation?
No. Permanent residents who obtained status as protected persons can still face cessation proceedings, and a final cessation decision can cause loss of PR status.
Is renewing my passport alone enough for cessation?
It can raise a presumption of re-availment, but the RPD must consider all the circumstances, and the presumption can be rebutted.
Does cessation apply after I become a Canadian citizen?
Cessation proceedings under s 108 concern refugee protection; once someone is a citizen, different rules apply. Seek advice on your specific situation.
If you received notice of a cessation application, contact Pax Law Corporation as early as possible.
The information presented is for informational and educational purposes only and may not be accurate. This information does not replace getting legal advice from a qualified, practicing lawyer. If you are facing a legal dilemma, you should make an appointment and consult with one of our licensed and practicing lawyers.
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