Cessation Cases

[Paro123]

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.

 

[bringiton]

Can you please elaborate in detail.

 

[dpenabill]

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/

 

[Fallen_Warrior]

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.

This is a very serious matter. You should contact a good immigration lawyer. If you like you can contact the lawyer below:

Name: Mario D. Bellissimo
Website: http://www.bellissimolawgroup.com

 

[CaBeaver]

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]

Are you a refugee or non-refugee applicant?

OP would have to be a refugee applicant. Cessation only applies to refugee applicants.