Author
Cessation of international protection is governed by Articles 11 and 16 of IPA.
Refugee status ceases where the person:[1]
- Voluntarily re-avails him or herself of the protection of the country of origin;
- Voluntarily re-acquires the nationality he or she has previously lost;
- Has obtained a new nationality and benefits from that country’s protection;
- Has voluntarily re-established him or herself in the country he or she fled or outside which he or she has resided for fear of persecution;
- May no longer deny the protection of the country of origin or habitual residence where the conditions leading to his or her recognition as a refugee have ceased to exist. The change of circumstances must be substantial and durable,[2] and cessation is without prejudice to compelling reasons arising from past persecution for denying the protection of that country.[3]
Cessation on the basis of changed circumstances also applies to subsidiary protection beneficiaries under the same conditions.[4]
Where cessation proceedings are initiated, the beneficiary is informed at least 15 days before the review of the criteria for international protection and may submit his or her views on why protection should not be withdrawn.[5]
Where the person appeals the decision, contrary to the Asylum Procedure, the Appeals Committee is required to hold an oral hearing of the beneficiary in cessation cases.[6]
[1] Article 11(1) IPA.
[2] Article 11(2) IPA.
[3] Article 11(3) IPA.
[4] Article 16 IPA.
[5] Article 91 IPA
[6] Article 97(3) IPA.