GLOBE IMMIGRATION

Understanding Cessation and Vacation Proceedings

The Immigration and Refugee Board of Canada holds the authority to issue decisions that could result in the loss of an individual’s status as a refugee or protected person, potentially leading to the loss of permanent residence. Here’s a breakdown of the circumstances and processes involved:

Circumstances Leading to Loss of Status

1. Voluntary Re-availment: Refugee status may cease if an individual voluntarily seeks protection from their country of nationality or obtains citizenship from another country.
2. Misrepresentation: Status as a protected person can be vacated if it was obtained through direct or indirect misrepresentation or withholding of material facts relating to the claim.

Consequences of Minister’s Application

A successful application for vacation or cessation by the Minister can result in the loss of permanent residence status, allowing for the initiation of removal proceedings. Loss of permanent residence status may occur under specific sections of the Act, depending on the circumstances.

Process of Vacation or Cessation Proceedings

1. Minister’s Application: The Minister typically submits an application along with relevant documents outlining the allegations.
2. Preparation: The individual should obtain a record of initial determinations, understand the applicable test, and address the Minister’s arguments.
3. Hearing: The Board schedules a hearing, during which both parties present their arguments.
4. Submission: The individual must demonstrate why the Minister’s application should not be granted, while the Minister argues in favor of the application.
5. Decision: The Member deliberates and determines whether to grant the Minister’s application.

Role of a Lawyer

A Cessation and Vacation Lawyer can provide valuable assistance throughout the process, including:

• Obtaining records from the Board
• Reviewing the case and advising on strengths and weaknesses
• Explaining the applicable test clearly
• Assisting in obtaining relevant documents
• Preparing for the hearing and providing procedural guidance
• Representing during the hearing and making submissions to oppose the Minister’s application

Legal representation can be crucial given the potential consequences of a granted Minister’s application. While representation is optional, it’s advisable to consider the expertise and support a lawyer can offer in such proceedings. Contact Globe Immigration and book a consultation to know more.