Author
Under Article 81 of the Asylum Act, refugee status shall cease where the person:
- Has voluntarily re-availed him or herself of the protection of their country of origin;
- Having lost their nationality, has re-acquired it;
- Has acquired a new nationality, and thus enjoys the protection of the country of their new nationality;
- Has voluntarily re-established him or herself in the country which they left or outside which they remained owing to fear of persecution or harassment;
- Can no longer continue to refuse to avail him or herself of the protection of their country of origin or habitual residence, because the circumstances in connection with which they has been granted protection have ceased to exist;
When considering these criteria, the Asylum Office must assess whether the change of circumstances is of such a significant and non-temporary nature that the fear of persecution can no longer be regarded as well-founded. The Asylum Office is obliged to inform the person about the grounds for cessation and allow them to make a statement regarding the facts relevant for the cessation of protection. The beneficiary is entitled to invoke compelling reasons arising out of previous persecution or harassment for refusing to avail themselves of the protection of the country of origin or the country of former habitual residence.[1] Even though cessation has never been applied, it is reasonable to assume that refugees who could be subjected to such practice in future would have at their disposal free legal aid from CSOs.
The Asylum Act also provides that the Asylum Office will adopt a decision on cessation of subsidiary protection when the circumstances in connection with which it has been granted have ceased to exist or have changed to such a degree that the protection is no longer required, or the person no longer faces a risk of serious harm. The beneficiary is entitled, after being informed by the Asylum Office about the grounds for cessation, to invoke compelling reasons arising out of previous serious harm for refusing to avail themselves of the protection of the country of origin or the country of former residence.[2]
After it has determined that there are reasons for the cessation of refugee status or subsidiary protection, the Asylum Office shall ex officio revoke a decision upholding the asylum application.[3] None among the CSO which provide free legal aid to asylum seekers have reported such practice in 2023.[4]
[1] Article 81(4), (5) and (6) Asylum Act.
[2] Article 82 Asylum Act.
[3] Article 83 Asylum Act.
[4] Information obtained in December 2020 from APC, BCHR, BCMHA, HCIT and IDEAS.