2. Prepare for your hearing - Steps to Justice

Canada Border Services Agency (CBSA) starts a cessation case by sending an Application to Cease Refugee Protection to the (RPD). The RPD then schedules a hearing. There is no set timeline for this process.

If you have a citizenship application in process, it will most likely be paused if CBSA starts a cessation case against you.

It is very difficult to defend against a cessation case once the CBSA has started a case against you.

Most cessation cases end with the person facing removal from Canada.

Cessation hearing

A cessation hearing usually happens virtually by videoconference. Both you and the CBSA can give and . A Member of the RPD decides the case.

It's very important to have legal representation for a cessation hearing. Cessation issues are very complicated. Talk to your lawyer or licensed representative about what evidence may help in your case. Without legal help, it's very difficult to understand what evidence and testimony could help your case.

Usually, the RPD does not look at whether the country you claimed refugee protection against is still dangerous.

The focus is usually on whether your actions suggest that you trusted that country's government.

Some factors that the RPD might look at include:

Were your actions voluntary?
Why did you travel?
What did you do in the country you travelled to?
Were you originally scared of the government in your home country, or of people outside the government?
If you travelled to your home country, how many times did you travel there and for how long?
How did you live while travelling there? Did you live as if you felt safe there, or did you take safety precautions?
If you renewed a passport from your home country, how many times did you use the passport? Where did you travel, and for how long?

Examples of other factors that the RPD might look at include:

How much did you know about cessation?
What was your age and education level?
Did you understand that travelling to the country you claimed refugee protection against suggests that you trusted the government?
Did you understand that renewing a passport from your home country suggests that you trusted the government?