A cessation application by the CBSA under Section 108 means the government wants to strip your protected refugee status and, in many cases, your Permanent Residency. From receiving the initial notice to the final decision by the Refugee Protection Division (RPD), the process generally takes between 12 to 24 months due to severe tribunal backlogs.
Winning your refugee claim and becoming a protected person in Canada is a life-changing victory. It provides safety, stability, and eventually, a pathway to Permanent Residency. However, this protection is not absolute. If the government believes you no longer need Canada’s protection-often because you traveled back to your home country or renewed your old passport-they can apply to strip your status.
This legal process is called “Cessation” under Section 108 of the Immigration and Refugee Protection Act (IRPA). 📖 Facing a cessation application from the Canada Border Services Agency (CBSA) is highly serious, as losing your status under paragraphs 108(1)(a) to (d)-such as through passport renewal or travel to your home country-means you automatically lose your Permanent Resident status under Section 46(1)(c.1) and may face deportation. Because the legal stakes are incredibly high, securing a skilled deportation defence lawyer from our directory immediately upon receiving a notice is essential.
Step-by-Step Process in Canada
Cessation is a formal legal battle between you and the Minister (represented by the CBSA). The process takes place at the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB), whether you live in Calgary, Toronto, or Halifax.
Step 1: The Triggering Event
Cessation proceedings do not start randomly. They are usually triggered by an action you take. 🕵 The most common triggers are returning to the country you claimed to fear, applying for a new passport from your home country’s embassy, or moving back to your home country temporarily. CBSA officers often discover this when you re-enter Canada at an airport, scanning your passport and seeing foreign entry stamps.
Step 2: The Minister’s Notice of Intent
If the CBSA gathers enough evidence, they will file a formal application to cease your refugee protection. You will receive a thick package in the mail containing the Minister’s application and all the evidence they have gathered against you (such as CBSA border interview notes, travel records, and passport copies). This notice officially starts the clock on your legal defence.
Step 3: Gathering Evidence and Filing Disclosures
Once you receive the notice, you and your law firm must prepare your defence. 📄 You are allowed to submit your own evidence to explain your actions. For example, if you travelled home because a parent was dying, you would gather medical records, death certificates, and affidavits. You must follow strict IRB rules to submit your disclosure package well before the scheduled hearing date.
Step 4: The Cessation Hearing at the RPD
You will attend a formal hearing, usually virtually or in person at an IRB office. A CBSA hearings officer will be present to argue why your status should be revoked. Your lawyer will argue your defence, presenting evidence that you did not intend to re-avail yourself of your home country’s protection. The RPD member will aggressively question you about your travel motivations and actions.
How Much Does it Cost in Canada?
Defending against a cessation application is one of the most complex areas of Canadian immigration law. The IRB does not charge a fee for the hearing, but the legal costs to defend your life in Canada are substantial.
| Expense Type | Estimated Cost (CAD) | Notes |
|---|---|---|
| IRB Tribunal Fee | $0 | No government fees to attend the cessation hearing. |
| Lawyer / Law Firm Fees | $5,000 to $12,000+ | Comprehensive legal defence, prep, and hearing representation. |
| Document Translation | $50 to $100 per page | Translating foreign medical or travel records into English/French. |
| Interpreter Services | $0 | The IRB provides a free interpreter for the hearing if requested. |
Legal Aid Ontario, Legal Aid BC, and other provincial legal aid programs sometimes cover cessation defence for low-income individuals, but you must apply quickly.
How Long Does the Process Take?
The timeline is long and stressful due to massive IRB backlogs. 🕑 After the CBSA files the initial application, it can take anywhere from 12 to 24 months before your actual hearing date is scheduled. Once the hearing concludes, you will usually wait another 1 to 3 months for the RPD member to write and issue their final written decision.
Frequently Asked Questions (FAQ)
Do I lose my Permanent Residency immediately?
No. Receiving the notice from the CBSA does not change your status. You remain a Permanent Resident and a protected person throughout the entire 1-to-2 year process until the RPD issues a final, negative decision. Even then, you only lose your Permanent Residency if the decision is based on paragraphs 108(1)(a) to (d) of the IRPA.
Can I travel while a cessation case is pending?
While you technically still hold your status, travelling outside of Canada during an active cessation case is extremely risky. It could generate even more negative evidence for the CBSA. You should strictly avoid travelling.
What happens if the RPD rules against me?
It depends on the grounds of the RPD’s decision. If refugee protection is ceased under paragraphs 108(1)(a) to (d) of the IRPA (such as voluntary reavailment or re-establishment), you automatically lose your Permanent Resident status by law and may face deportation. However, if your protection is ceased under paragraph 108(1)(e) due to a “change of circumstances” in your home country, you do not lose your Permanent Resident status.
Can I appeal a negative cessation decision?
Unfortunately, you cannot appeal a cessation decision to the Refugee Appeal Division (RAD). Your only legal recourse is to apply for Judicial Review at the Federal Court of Canada, which is a very complex process requiring a specialized lawyer.
Is using my home country passport always fatal to my case?
Not always. The RPD looks at the intent behind your actions. If you can prove you only used the passport because of an extreme, compelling emergency (like a dying child) and not to seek the diplomatic protection of your home country, you may win your case.
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