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International Law

: Canadian Immigration Blawg

Application To Vacate Refugee Status

By immlawyer

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Next Monday I will be in the beautiful city of Montreal, QC to represent my client who is facing an application to vacate his refugee status.

An application to vacate is generally rare, and is an application made by the Minister (CBSA) who needs to establish (on a balance of probabilities) that the applicant falls within the ambit of s. 109 of the IRPA:

Immigration and Refugee Protection Act

PART 2: REFUGEE PROTECTION

Division 2: Convention Refugees and Persons in Need of Protection

Applications to Vacate

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.
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.
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.

I had a great discussion with Lorne Waldman, a leading light for immigration lawyers in Canada, who gave some great advice on approaching such an application.

It goes without saying that the applicant needs to vigorously test the Minister's allegations and address whether he has met the requisite burden.

Full post as published by Canadian Immigration Blawg on August 18, 2008 (boomark / email).