About a decade ago, stakeholders noticed a marked increase in applications to cessate the status of those granted protection in Canada. The Canadian Council for Refugees discussed this at length in an article published in 2014.[1] CBSA had a quota to reach and thus began a modern era of enforcement against those that had succeeded in their refugee claims and had even obtained Permanent Residence status. It is true that refugee [protected person] status is a “transitory phenomenon” under the Convention and that there are “various situations in which refugee protection may come to an end”.[2] The Convention and our own IRPA allow for the cessation of such status triggered where there is evidence of re-availment to the state of origin/country of reference, by re-acquisition of its nationality or re-establishment.[3] This is one of the more complex areas of refugee practice. As Professor Hathaway notes: …difficult conceptual issues can … arise. For example, what types of action amount to formal “re-availment” … or re-acquisition of its citizenship? Is every return … tantamount to “re-establishment” there …[4] For years, such applications were triggered by return trips (as disclosed or determined at the POE, PR card renewal applications and other immigration applications,... Read more →

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