Published
Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.
Updated November 13, 2026: IRPA ss. 46, 108 and 110 checked that day.
What it is: the Minister asks the Refugee Protection Division to end your protection (IRPA s. 108(2)), usually because of travel home or a home-country passport.
What’s at stake: on the first four grounds, you lose permanent residence too (s. 46(1)(c.1)).
No RAD appeal: the hearing is your main chance (s. 110(2)(e)). Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
A cessation application is the Minister asking the Refugee Protection Division to decide that your refugee protection has ended. The most common reason is that you travelled to your home country or got or renewed its passport, which the Minister says shows you voluntarily re-availed yourself of its protection. If the Division agrees on that kind of ground, your claim is treated as rejected and, if you’re a permanent resident, you lose that status too. There is no appeal to the Refugee Appeal Division, so the hearing matters enormously.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, defends protected persons and permanent residents against cessation applications at the Refugee Protection Division and in the Federal Court; this guide is by Prabhpreet Kaur Sangha.
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What the Minister can allege
| Ground | Typical evidence | Lose PR too? |
|---|---|---|
| (a) Voluntary re-availment | Home-country passport, trips home | Yes |
| (b) Voluntarily reacquired nationality | Citizenship restored | Yes |
| (c) New nationality with protection | Citizenship of another country | Yes |
| (d) Voluntary re-establishment | Living back in the home country | Yes |
| (e) Reasons for protection ceased | Changed country conditions | No |
Your defence
For re-availment, the questions are whether you acted voluntarily, whether you intended to re-avail yourself of your home country’s protection, and whether you actually obtained it. Why you travelled, how long, where you stayed, how you behaved, and why you needed the passport all matter. See cessation of refugee protection.
Evidence checklist
- Every passport and travel document, with the stamps;
- Why each trip happened (a dying parent, a funeral) and proof of it;
- Evidence of precautions you took while there;
- Why you applied for or renewed the passport (and for what use);
- The disclosure the Minister filed: read it all.
If cessation is granted
See losing PR through cessation: Federal Court review, and what happens to PR, work and removal.
Why this needs a lawyer
One lawyer, one file, every step:
- reading the Minister’s disclosure;
- building the explanation and evidence for every trip;
- representing you at the RPD hearing;
- Federal Court review if it goes wrong.
There’s no appeal to the RAD. What is proven at the RPD hearing is the record the Federal Court will look at.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.
Mistakes I have seen
- Treating the hearing as a formality.
- Explaining trips inconsistently with earlier statements.
- Travelling again while the application is pending.
- Not showing why the passport was needed.
Frequently asked questions
Can I lose PR through cessation?
Yes, on grounds (a) to (d) of s. 108(1).
Can I appeal to the RAD?
No. Federal Court judicial review is the remedy.
Does one trip home always mean cessation?
No. Voluntariness, intention and actual re-availment are all tested.
Should I surrender my home-country passport?
Ask a lawyer; how and when it’s done matters.
What should I do right now?
Don’t travel, collect every passport and the reason for each trip, and get counsel before the hearing date.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Immigration and Refugee Protection Act, s. 108
- Immigration and Refugee Protection Act, s. 46(1)(c.1) and (d)
- Immigration and Refugee Protection Act, s. 110(2)(e)–(f)
This article is general information, not legal advice. Every case depends on its own facts.