436 result(s)
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1.
Olvera Romero v. Canada (Citizenship and Immigration) - 2014 FC 671 - 2014-07-09
Federal Court DecisionsOlvera Romero v. Canada (Citizenship and Immigration), Olvera Romero c. Canada (Citoyenneté et Immigration), 2014 FC 671, 2014 CF 671, IMM-6485-13 [...] the Canada Border Services Agency (CBSA), dated September 19, 2013, to make an application for cessation of refugee protection (cessation application) to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB), pursuant to s. 108 of the Immigration and Refugee Protection Act, SC 2001, c 27 (IRPA). [...] SILVIA OLVERA ROMERO v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING:
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2.
Godinez Ovalle v. Canada (Citizenship and Immigration) - 2015 FC 935 - 2015-07-30
Federal Court DecisionsGodinez Ovalle v. Canada (Citizenship and Immigration), Godinez Ovalle c. Canada (Citoyenneté et Immigration), 2015 FC 935, 2015 CF 935, T-2186-14 [...] Third, the Court has twice considered whether a cessation application constitutes an abuse of process and has decided that there was no abuse of process: Li v Canada (Citizenship and Immigration), 2015 FC 459 at paras 26-34; Olvera Romero v Canada (Citizenship and Immigration), 2014 FC 671. [...] Clearly any such inquiries undertaken after March 12, 2014 and before August 1, 2014 had to relate to the issues of cessation and immigration clearance.
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3.
Lu v. Canada (Citizenship and Immigration) - 2019 FC 1060 - 2019-08-08
Federal Court DecisionsLu v. Canada (Citizenship and Immigration), Lu c. Canada (Citoyenneté et Immigration), 2019 FC 1060, 2019 CF 1060, IMM-4552-18 [...] [22] Pursuant to Canada (Minister of Citizenship and Immigration) v. Al-Obeidi, on a cessation application by the Minister the RPD can consider any ground set out in subsection 108(1). [...] As the law stood at the time of his travels, cessation of refugee status did not affect permanent residence (for a discussion of the current consequences of cessation of refugee status, see Yuan v Canada (Minister of Citizenship and Immigration), 2015 FC 923, at paras 6-11).
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4.
Tung v. Canada (Citizenship and Immigration) - 2018 FC 1224 - 2018-12-06
Federal Court DecisionsTung v. Canada (Citizenship and Immigration), Tung c. Canada (Citoyenneté et Immigration), 2018 FC 1224, 2018 CF 1224, IMM-1186-18 [...] THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT AND REASONS [...] [39] The test for re-availment in the context of the cessation of refugee status is noted by Justice O’Reilly in Cerna v Canada (Citizenship and Immigration), 2015 FC 1074 [Cerna] at paragraph 12 as follows:
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5.
Cerna v. Canada (Citizenship and Immigration) - 2021 FC 973 - 2021-09-21
Federal Court DecisionsCerna v. Canada (Citizenship and Immigration), Cerna c. Canada (Citoyenneté et Immigration), 2021 FC 973, 2021 CF 973, IMM-1070-20 [...] THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT AND REASONS [...] [1] The Applicant, Mr. Davis William Lezama Cerna, seeks judicial review of a decision of the Refugee Protection Division (the “RPD”), granting a cessation application commenced by the Minister of Immigration, Refugees and Citizenship (the “Minister”) under subsection 108(2) of the Immigration and Refugee Protection Act, SC
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6.
Salik v. Canada (Citizenship and Immigration) - 2023 FC 794 - 2023-06-06
Federal Court DecisionsSalik v. Canada (Citizenship and Immigration), 2023 FC 794, IMM-8099-21 [...] [15] The consequences of cessation of refugee status involve the inability to appeal the cessation finding to the Immigration Appeal Division or the Refugee Appeal Division, the inability to seek a Pre-Removal Risk Assessment or an application for permanent residence on humanitarian and compassionate grounds for at least [...] and Immigration), 2022 FC 884 (“Ahmed”), “whether an applicant would be at risk in their country of nationality is not a relevant consideration in a cessation hearing” (at para 59, citing Al-Habib v Canada (Citizenship and Immigration), 2020 FC 545 at para 14; Chokheli v Canada (Citizenship and Immigration), 2020 FC
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7.
Abbas v. Canada (Citizenship and Immigration) - 2023 FC 871 - 2023-06-21
Federal Court DecisionsAbbas v. Canada (Citizenship and Immigration), Abbas c. Canada (Citoyenneté et Immigration), 2023 FC 871, 2023 CF 871, IMM-6888-21 [...] [20] The RPD’s cessation decision is subject to review for reasonableness (Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 at paras 10, 23 (Vavilov); Camayo v Canada (Citizenship and Immigration), 2020 FC 213 at paras 17-18; aff’d Camayo FCA at paras 39-43). [...] The cessation decision cannot be appealed to either the Refugee Appeal Division or the Immigration Appeal Division (paragraph 110(2)(e) and subsection 63(3), IRPA).
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8.
Nilam v. Canada (Citizenship and Immigration) - 2016 FC 896 - 2016-08-03
Federal Court DecisionsNilam v. Canada (Citizenship and Immigration), Nilam c. Canada (Citoyenneté et Immigration), 2016 FC 896, 2016 CF 896, T-232-16 [...] [4] The Applicant is the subject of ongoing cessation proceedings pursuant to ss 108(1)(a) and (2) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], being heard by the Refugee Protection Division of the Immigration and Refugee Board of Canada [RPD] as a result of his alleged re-availment of Sri Lanka’s [...] in cessation proceedings, prior to the determination of his or her citizenship application: Jaber v Canada (Citizenship and Immigration), 2013 FC 1185 at para 32; Tapie v Canada (Citizenship and Immigration), 2007 FC 1048 at paras 9-12; Seyoboka v Canada (Minister of Citizenship and Immigration), 2005 FC 1290 at para 10.
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9.
Bermudez v. Canada (Citizenship and Immigration) - 2015 FC 639 - 2015-06-08
Federal Court DecisionsBermudez v. Canada (Citizenship and Immigration), Bermudez c. Canada (Citoyenneté et Immigration), 2015 FC 639, 2015 CF 639, IMM-5825-14 [...] The presumption is not rebutted when a delegate files an application for cessation with the Immigration and Refugee Board: Olvera Romero v Canada (Citizenship and Immigration), 2014 FC 671 at para 16. [...] Part of the reason for this, according to the evidence of a senior policy advisor in the Refugee Affairs Branch of Citizenship and Immigration Canada, was that cessation decisions would not have led to removal at that time.
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10.
Li v. Canada (Citizenship and Immigration) - 2023 FC 792 - 2023-06-06
Federal Court DecisionsLi v. Canada (Citizenship and Immigration), 2023 FC 792, IMM-6169-22 Date: 20230606 [...] [16] The consequences of cessation of refugee status involve the inability to appeal the cessation finding to the Immigration Appeal Division or the Refugee Appeal Division, the inability to seek a Pre-Removal Risk Assessment or an application for permanent residence on humanitarian and compassionate grounds for at least [...] QIN FAN LI v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING:
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11.
Valverde v. Canada (Citizenship and Immigration) - 2015 FC 1111 - 2015-09-24
Federal Court Decisions[8] On December 15, 2012, the cessation provisions under sections 40.1 and 46 of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA or the Act] came into force. [...] [16] On May 21, 2014, the immigration clearance was updated to “not passed” due to pending proceedings pursuant to subsection 108(2) of the IRPA for cessation. [...] [31] The applicant argues the cessation hearing is an abuse of process pursuant to Canada (Minister of Citizenship and Immigration) v Parekh, 2010 FC 692, [2012] 1 FCR 169.
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12.
Aydemir v. Canada (Citizenship and Immigration) - 2022 FC 987 - 2022-07-05
Federal Court DecisionsAydemir v. Canada (Citizenship and Immigration), Aydemir c. Canada (Citoyenneté et Immigration), 2022 FC 987, 2022 CF 987, IMM-6132-21 [...] The RPD allowed the Respondent’s application for cessation of Mr. Aydemir’s refugee status pursuant to subsection 108(2) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act]. [...] [20] A decision of the RPD in a cessation application has traditionally been reviewed on a standard of reasonableness, as noted in Thapachetri v Canada (Citizenship and Immigration), 2020 FC 600, at para 10.
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13.
Singh v. Canada (Citizenship and Immigration) - 2023 FC 239 - 2023-02-17
Federal Court DecisionsSingh v. Canada (Citizenship and Immigration), Singh c. Canada (Citoyenneté et Immigration), 2023 FC 239, 2023 CF 239, IMM-5860-21 [...] Division (“RPD”) dated August 11, 2021, denying his application to declare abandoned the application for cessation of his refugee protection filed by the Minister of Immigration, Refugees and Citizenship (the “Minister”), pursuant to subsection 168(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”). [...] [40] This Court has applied this threshold in the immigration context.
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14.
Hamid v. Canada (Citizenship and Immigration) - 2022 FC 1541 - 2022-11-10
Federal Court DecisionsHamid v. Canada (Citizenship and Immigration), Hamid c. Canada (Citoyenneté et Immigration), 2022 FC 1541, 2022 CF 1541, IMM-1834-22 [...] [5] On January 29, 2018, the Minister of Citizenship and Immigration [Minister] made an application under paragraph 108(1)(a) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] to cease the Applicant’s refugee protection [Cessation Application]. [...] b) Moreover, a cessation finding cannot be appealed to either the Immigration Appeal Division or the Refugee Appeal Division of the Immigration and Refugee Board: IRPA, subsections 63(3) and 110(2).
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15.
Li v. Canada (Citizenship and Immigration) - 2015 FC 459 - 2015-04-15
Federal Court DecisionsLi v. Canada (Citizenship and Immigration), Li c. Canada (Citoyenneté et Immigration), 2015 FC 459, 2015 CF 459, IMM-1614-14 [...] Further, since immigration officers in foreign posts must apply the definition of a refugee, they must also understand and apply the concept of cessation. [...] Immigration and Refugee Protection Act, SC 2001, c 27 Loi sur l’immigration et la protection des réfugiés, LC 2001, ch 27
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16.
Maqbool v. Canada (Citizenship and Immigration) - 2016 FC 1146 - 2016-10-14
Federal Court DecisionsMaqbool v. Canada (Citizenship and Immigration), Maqbool c. Canada (Citoyenneté et Immigration), 2016 FC 1146, 2016 CF 1146, IMM-1102-16 [...] THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS AND JUDGMENT [...] This is the legislative framework against which cessation applications must be decided in Canada, Canada (Citizenship and Immigration) v. Bermudez, 2016 FCA 131 at para 22-25).
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17.
Canada (Citizenship and Immigration) v. Safi - 2022 FC 1125 - 2022-07-27
Federal Court DecisionsCanada (Citizenship and Immigration) v. Safi, Canada (Citoyenneté et Immigration) c. Safi, 2022 FC 1125, 2022 CF 1125, IMM-1402-21 [...] [6] On October 9, 2019, the Minister filed an Application to Cessate Refugee Protection seeking to have the Respondent’s refugee protection cessated. [...] Referencing Abadi v Canada (Citizenship and Immigration), 2016 FC 29 [Abadi], Okojie v Canada (Citizenship and Immigration), 2019 FC 1287 [Okojie], Cerna v Canada (Citizenship and Immigration, 2015 FC 1074 [Cerna] and Mayell v Canada (Citizenship and Immigration), 2018 FC 139 [Mayell], the RPD stated that the law on this
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18.
Perez v. Canada (Citizenship and Immigration) - 2020 FC 1171 - 2020-12-21
Federal Court DecisionsPerez v. Canada (Citizenship and Immigration), Perez c. Canada (Citoyenneté et Immigration), 2020 FC 1171, 2020 CF 1171, IMM-5461-19 [...] THE MINISTER OF CITIZENSHIP AND IMMIGRATION CANADA Respondent JUDGMENT AND REASONS [...] ISAEL DAVID GOMEZ PEREZ v THE MINISTER OF CITIZENSHIP AND IMMIGRATION CANADA
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19.
Ati v. Canada (Citizenship and Immigration) - 2022 FC 1626 - 2022-11-25
Federal Court DecisionsAti v. Canada (Citizenship and Immigration), Ati c. Canada (Citoyenneté et Immigration), 2022 FC 1626, 2022 CF 1626, IMM-4801-21 [...] Division [RPD] granted the Minister of Citizenship and Immigration’s application to cease Mr. Ati’s refugee protection under paragraph 108(1)(a) of the Immigration and Refugee Protection Act, SC 2001 c 27 [IRPA] because it found that Mr. Ati had voluntarily reavailed himself of the protection of Iraq [Cessation Decision]. [...] Immigration, Refugees and Citizenship Canada [IRCC] eventually renewed Mr. Ati’s permanent resident card in 2014 and informed Mr. Ati that his file was transferred for review for possible cessation.
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20.
Canada (Citizenship and Immigration) v. Al-Obeidi - 2015 FC 1041 - 2015-09-08
Federal Court DecisionsCanada (Citizenship and Immigration) v. Al-Obeidi, Canada (Citoyenneté et Immigration) c. Al-Obeidi, 2015 FC 1041, 2015 CF 1041, IMM-7389-14 [...] AND IMMIGRATION Applicant and MAZIN HELMY ISMAEL AL-OBEIDI Respondent [...] Immigration and Refugee Protection Act, SC 2001, c 27 Loi sur l’immigration et la protection des réfugiés, LC 2001, ch 27
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21.
Yuan v. Canada (Citizenship and Immigration) - 2015 FC 923 - 2015-07-28
Federal Court DecisionsYuan v. Canada (Citizenship and Immigration), Yuan c. Canada (Citoyenneté et Immigration), 2015 FC 923, 2015 CF 923, IMM-5365-14 [...] THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT AND REASONS [...] for cessation of refugee status pursuant to s. 108(1)(a) of the Immigration and Refugee Protection Act based on past actions, can the Board allow the Minister’s application without addressing whether the person is at risk of persecution upon return to their country of nationality at the time of the cessation hearing?
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22.
Khalifa v. Canada (Citizenship and Immigration) - 2015 FC 1181 - 2015-10-20
Federal Court DecisionsKhalifa v. Canada (Citizenship and Immigration), Khalifa c. Canada (Citoyenneté et Immigration), 2015 FC 1181, 2015 CF 1181, IMM-1181-15 [...] [12] On March 3, 2014, the Minister of Citizenship and Immigration Canada [the Minister] filed an application for cessation with the Refugee Protection Division [RPD] to strip Mr. Khalifa of his Convention Refugee status. [...] [39] Mr. Khalifa applied for judicial review to set aside the Minister’s decision to initiate the cessation application, which was dismissed on October 20, 2014 (Khalifa v Canada (Minister of Citizenship and Immigration), IMM-1407-14).
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23.
Tung v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 141 - 2022-02-04
Federal Court DecisionsConsequently, in April 2014, the Minister of Citizenship and Immigration applied to the Immigration and Refugee Board for cessation of her refugee status pursuant to subsection 108(2) of the Act on the grounds that Ms. Tung’s refugee status had ceased because she had reavailed herself of the protection of her native China [...] Immigration and Refugee Protection Act, SC 2001, c 27: Cessation of refugee protection — foreign national [...] Cessation of refugee protection — permanent resident Perte de l’asile — résident permanent
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24.
Okojie v. Canada (Citizenship and Immigration) - 2019 FC 1287 - 2019-10-10
Federal Court DecisionsOkojie v. Canada (Citizenship and Immigration), Okojie c. Canada (Citoyenneté et Immigration), 2019 FC 1287, 2019 CF 1287, IMM-363-19 [...] THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT AND REASONS [...] [1] This is an application for judicial review of a decision by the Refugee Protection Division (“RPD”) of the Immigration and Refugee Board of Canada allowing, pursuant to s 108(2) of the Immigration and Refugee Protection Act, SC 2001, c 27 (“IPRA”), the Minister’s application for cessation of the Applicant’s refugee
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25.
Iqbal v. Canada (Citizenship and Immigration) - 2022 FC 387 - 2022-03-25
Federal Court DecisionsIqbal v. Canada (Citizenship and Immigration), Iqbal c. Canada (Citoyenneté et Immigration), 2022 FC 387, 2022 CF 387, IMM-2802-21 [...] [23] The Federal Court has also already determined that “[...] whether an applicant would be at risk of persecution if returned to their country of nationality is not relevant in a cessation hearing” (Chokheli v Canada (Citizenship and Immigration,) 2020 FC 800 at para 66). [...] A. Did the RPD err in its cessation via reavailment analysis? (1) Intention