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Cessation Cases

Paro123

Newbie
Oct 13, 2017
7
0
Hello,
I got bad news.....
I received a cessation and vacation application for going back to my home country.

Has anyone else experience this?

How’s long does the process take ?

Please post your answers.
 

dpenabill

VIP Member
Apr 2, 2010
6,421
3,163
Hello,
I got bad news.....
I received a cessation and vacation application for going back to my home country.

Has anyone else experience this?

How’s long does the process take ?

Please post your answers.
There is a topic devoted to this subject which includes extensive discussion, related accounts of personal experiences, citations and links to published decisions about actual cases, many resulting in cessation, some successfully challenging cessation.

See:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/refugee-status-cessation-and-prs-applying-for-citizenship.333455/

A partial quote from a sample post there:

It is accurate to say that the legal mechanism relating to cessation of refugee protection on the basis of reavailment requires a distinction between what might be described as the "actual reavailment of protection" versus what constitutes merely occasional or incidental contacts with the refugee's home country. See, for example, the Kuoch decision. Thus, for example, merely visiting one's home country will not, in itself, constitute reavailment and thus not be sufficient grounds for cessation of protected person status.

But to support a finding of reavailment it is not necessary for Canada to show that the person with protected status did something, in the home country, on the scale of setting up a business, enrolling one's children in school, purchasing a home, or such. Indeed, these circumstances refer to a wholly separate ground for cessation of protected person status.

The relevant IRPA provisions are in Section 108.(1), which lists the specific grounds for cessation of protected person status.
How it goes for any particular individual, including the timeline, can depend on many factors, including the mechanics in commencement of the proceedings, such as whether the cessation process was triggered by a PoE examination upon returning to Canada or came about as a referral from IRCC processing agents handling a citizenship application. The timeline can be very long, but that appears to typically include the investigatory phase prior to the formal commencement of cessation proceedings.

Depending on the extent of your home country contacts and the reasons for those, there may be applicable defenses that could, possibly, save your status. BUT to have a decent shot that really requires the assistance of a competent, reputable lawyer with experience in cessation cases.

In any event, there is a lot more discussed in the other topic. Again, see:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/refugee-status-cessation-and-prs-applying-for-citizenship.333455/
 

CaBeaver

Champion Member
Dec 15, 2018
2,941
1,369
Hello,
I got bad news.....
I received a cessation and vacation application for going back to my home country.

Has anyone else experience this?

How’s long does the process take ?

Please post your answers.
Are you a refugee or non-refugee applicant? I mean what's the reason for cessation exactly?
 

scylla

VIP Member
Jun 8, 2010
95,649
21,980
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Are you a refugee or non-refugee applicant?
OP would have to be a refugee applicant. Cessation only applies to refugee applicants.
 
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bouazza1112

Newbie
Oct 30, 2024
6
0
hi i applied for asylum 2 years ago now that i applied for pr i was asked for a valid identification. ive heard we should not renew our passports ,since my passport is expired so i applied for my countrys national id and it was mailed straight to my address i didnt have to show up at the embassy .
note that my id of my country if origin is also expired, they have me in their data with my fingerprints thats why it is easy to get it and convenient because it is recognized valid identification
i just wanted to make sure that renewing national id doesn’t fit the definition of re-availement

any leads, useful information is appreciated

thanks in advance
 

armoured

VIP Member
Feb 1, 2015
17,037
8,737
hi i applied for asylum 2 years ago now that i applied for pr i was asked for a valid identification. ive heard we should not renew our passports ,since my passport is expired so i applied for my countrys national id and it was mailed straight to my address i didnt have to show up at the embassy .
note that my id of my country if origin is also expired, they have me in their data with my fingerprints thats why it is easy to get it and convenient because it is recognized valid identification
i just wanted to make sure that renewing national id doesn’t fit the definition of re-availement

any leads, useful information is appreciated

thanks in advance
Answered elsewhere. BUT for others: DON'T do something and THEN afterwards ask whether it will affect your status.

CHECK FIRST.
 

Copingwithlife

VIP Member
Jul 29, 2018
4,417
2,211
Earth
hi i applied for asylum 2 years ago now that i applied for pr i was asked for a valid identification. ive heard we should not renew our passports ,since my passport is expired so i applied for my countrys national id and it was mailed straight to my address i didnt have to show up at the embassy .
note that my id of my country if origin is also expired, they have me in their data with my fingerprints thats why it is easy to get it and convenient because it is recognized valid identification
i just wanted to make sure that renewing national id doesn’t fit the definition of re-availement

any leads, useful information is appreciated

thanks in advance
Why in gods name would you want to have anything to do with your country ?

You know , the country you fled from ? Said you were or feared persecution from ?
And you ask now if it’s ok ?

Honey , that ship has sailed