ANY OPINION IS WELCOME
I WAS READING PP04 THIS AFTERNOON AND ONE OF THE PARAGRAPH CAUGHT MY EYE AS FOLLOWING:
Impact of cessation or vacation of refugee protection
The Minister may apply to the Refugee Protection Division, with respect to a protected person, for
cessation of refugee protection pursuant to A108(2), or for vacation of refugee protection pursuant
to A109(1). The Minister may also vacate, pursuant to A114(3), a decision made pursuant to
A114(1)(a) conferring refugee protection. In any of these cases, the person's claim or application
for protection is deemed to be rejected.
When an applicant for permanent residence ceases to be a protected person, or refugee
protection is vacated, the applicant is no longer eligible to apply for permanent residence. The
decision to vacate may also be rendered after the person has become a permanent resident.
Should this be the case, A46 provides for the loss of the permanent resident status, except with
respect to cessation decisions pursuant to A108. Hence, there is no requirement to suspend or
delay the processing of an application for permanent residence simply because “vacation” is
being contemplated or pursued. Refer to Appendix F for the proper notification required when the
applicant's status as a protected person has ceased, or refugee protection has been vacated.
AND ALL THE REFERRED LAW AS FOLLOWING
Permanent resident
46. (1) A person loses permanent resident status
(a) when they become a Canadian citizen;
(b) on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28;
(c) when a removal order made against them comes into force; or
(d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination under subsection 114(3) to vacate a decision to allow their application for protection.
Marginal note
ermanent resident
(2) A person who ceases to be a citizen under paragraph 10(1)(a) of the Citizenship Act, other than in the circumstances set out in subsection 10(2) of that Act, becomes a permanent resident.
108. (1) A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances:
(a) the person has voluntarily reavailed themself of the protection of their country of nationality;
(b) the person has voluntarily reacquired their nationality;
(c) the person has acquired a new nationality and enjoys the protection of the country of that new nationality;
(d) the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or
(e) the reasons for which the person sought refugee protection have ceased to exist.
Marginal note:Cessation of refugee protection
(2) On application by the Minister, the Refugee Protection Division may determine that refugee protection referred to in subsection 95(1) has ceased for any of the reasons described in subsection (1).
Marginal note:Effect of decision
(3) If the application is allowed, the claim of the person is deemed to be rejected.
Marginal note:Exception
(4) Paragraph (1)(e) does not apply to a person who establishes that there are compelling reasons arising out of previous persecution, torture, treatment or punishment for refusing to avail themselves of the protection of the country which they left, or outside of which they remained, due to such previous persecution, torture, treatment or punishment.
Applications to Vacate
Marginal note:Vacation of refugee protection
109. (1) The Refugee Protection Division may, on application by the Minister, vacate a decision to allow a claim for refugee protection, if it finds that the decision was obtained as a result of directly or indirectly misrepresenting or withholding material facts relating to a relevant matter.
Marginal note:Rejection of application
(2) The Refugee Protection Division may reject the application if it is satisfied that other sufficient evidence was considered at the time of the first determination to justify refugee protection.
Marginal note:Allowance of application
(3) If the application is allowed, the claim of the person is deemed to be rejected and the decision that led to the conferral of refugee protection is nullified.
Effect of decision
114. (1) A decision to allow the application for protection has
(a) in the case of an applicant not described in subsection 112(3), the effect of conferring refugee protection; and
(b) in the case of an applicant described in subsection 112(3), the effect of staying the removal order with respect to a country or place in respect of which the applicant was determined to be in need of protection.
Marginal note:Cancellation of stay
(2) If the Minister is of the opinion that the circumstances surrounding a stay of the enforcement of a removal order have changed, the Minister may re-examine, in accordance with paragraph 113(d) and the regulations, the grounds on which the application was allowed and may cancel the stay.
Marginal note:Vacation of determination
(3) If the Minister is of the opinion that a decision to allow an application for protection was obtained as a result of directly or indirectly misrepresenting or withholding material facts on a relevant matter, the Minister may vacate the decision.
Marginal note:Effect of vacation
(4) If a decision is vacated under subsection (3), it is nullified and the application for protection is deemed to have been rejected.
I WAS READING PP04 THIS AFTERNOON AND ONE OF THE PARAGRAPH CAUGHT MY EYE AS FOLLOWING:
Impact of cessation or vacation of refugee protection
The Minister may apply to the Refugee Protection Division, with respect to a protected person, for
cessation of refugee protection pursuant to A108(2), or for vacation of refugee protection pursuant
to A109(1). The Minister may also vacate, pursuant to A114(3), a decision made pursuant to
A114(1)(a) conferring refugee protection. In any of these cases, the person's claim or application
for protection is deemed to be rejected.
When an applicant for permanent residence ceases to be a protected person, or refugee
protection is vacated, the applicant is no longer eligible to apply for permanent residence. The
decision to vacate may also be rendered after the person has become a permanent resident.
Should this be the case, A46 provides for the loss of the permanent resident status, except with
respect to cessation decisions pursuant to A108. Hence, there is no requirement to suspend or
delay the processing of an application for permanent residence simply because “vacation” is
being contemplated or pursued. Refer to Appendix F for the proper notification required when the
applicant's status as a protected person has ceased, or refugee protection has been vacated.
AND ALL THE REFERRED LAW AS FOLLOWING
Permanent resident
46. (1) A person loses permanent resident status
(a) when they become a Canadian citizen;
(b) on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28;
(c) when a removal order made against them comes into force; or
(d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination under subsection 114(3) to vacate a decision to allow their application for protection.
Marginal note
ermanent resident(2) A person who ceases to be a citizen under paragraph 10(1)(a) of the Citizenship Act, other than in the circumstances set out in subsection 10(2) of that Act, becomes a permanent resident.
108. (1) A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances:
(a) the person has voluntarily reavailed themself of the protection of their country of nationality;
(b) the person has voluntarily reacquired their nationality;
(c) the person has acquired a new nationality and enjoys the protection of the country of that new nationality;
(d) the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or
(e) the reasons for which the person sought refugee protection have ceased to exist.
Marginal note:Cessation of refugee protection
(2) On application by the Minister, the Refugee Protection Division may determine that refugee protection referred to in subsection 95(1) has ceased for any of the reasons described in subsection (1).
Marginal note:Effect of decision
(3) If the application is allowed, the claim of the person is deemed to be rejected.
Marginal note:Exception
(4) Paragraph (1)(e) does not apply to a person who establishes that there are compelling reasons arising out of previous persecution, torture, treatment or punishment for refusing to avail themselves of the protection of the country which they left, or outside of which they remained, due to such previous persecution, torture, treatment or punishment.
Applications to Vacate
Marginal note:Vacation of refugee protection
109. (1) The Refugee Protection Division may, on application by the Minister, vacate a decision to allow a claim for refugee protection, if it finds that the decision was obtained as a result of directly or indirectly misrepresenting or withholding material facts relating to a relevant matter.
Marginal note:Rejection of application
(2) The Refugee Protection Division may reject the application if it is satisfied that other sufficient evidence was considered at the time of the first determination to justify refugee protection.
Marginal note:Allowance of application
(3) If the application is allowed, the claim of the person is deemed to be rejected and the decision that led to the conferral of refugee protection is nullified.
Effect of decision
114. (1) A decision to allow the application for protection has
(a) in the case of an applicant not described in subsection 112(3), the effect of conferring refugee protection; and
(b) in the case of an applicant described in subsection 112(3), the effect of staying the removal order with respect to a country or place in respect of which the applicant was determined to be in need of protection.
Marginal note:Cancellation of stay
(2) If the Minister is of the opinion that the circumstances surrounding a stay of the enforcement of a removal order have changed, the Minister may re-examine, in accordance with paragraph 113(d) and the regulations, the grounds on which the application was allowed and may cancel the stay.
Marginal note:Vacation of determination
(3) If the Minister is of the opinion that a decision to allow an application for protection was obtained as a result of directly or indirectly misrepresenting or withholding material facts on a relevant matter, the Minister may vacate the decision.
Marginal note:Effect of vacation
(4) If a decision is vacated under subsection (3), it is nullified and the application for protection is deemed to have been rejected.