Vacation of refugee status in Canada (s. 109)

By Pardeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 13, 2026

Published November 13, 2026

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.

Updated November 13, 2026: IRPA ss. 46, 109 and 110 checked that day.

Vacation is the process for cancelling a refugee decision that was obtained through misrepresentation. On the Minister’s application, the Refugee Protection Division can vacate the decision if it was obtained by directly or indirectly misrepresenting or withholding material facts (IRPA s. 109(1)). If it does, your claim is treated as rejected and the decision is nullified (s. 109(3)), and a permanent resident loses that status (s. 46(1)(d)).

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, defends protected persons and permanent residents in vacation proceedings and the Federal Court reviews that follow; this guide is by Pardeep S. Grewal.

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The test

1. Was there a misrepresentation or withholding of facts?
2. Were the facts material to a relevant matter?
3. Was the decision obtained as a result?
4. Even so, was there other sufficient evidence at the first hearing to justify protection (s. 109(2))?

Common triggers

• A different identity or nationality discovered later (fingerprint matches, documents);
• A prior refugee claim or status in another country not disclosed;
• Criminal history or past roles that weren’t disclosed;
• Information from a family member’s application.

Consequences

Vacation vs cessation

Vacation says the original decision was wrong because of misrepresentation. Cessation says it was right but no longer applies. See a Minister’s cessation application.

Why this needs a lawyer

One lawyer, one file, every step:

• assessing whether the misrepresentation was material;
• building the s. 109(2) defence from the original record;
• representing you at the hearing;
• Federal Court review.

The s. 109(2) defence depends on reading the original record closely. It’s technical, and there’s no appeal to the RAD.

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

• Admitting more than the allegation without advice.
• Ignoring the s. 109(2) defence.
• Not getting the original hearing record.
• Assuming PR protects you.

Frequently asked questions

Can PR be lost through vacation?

Yes (s. 46(1)(d)).

Is there an appeal?

Not to the RAD; Federal Court judicial review.

What is “other sufficient evidence”?

Evidence considered at the first hearing that justified protection without the misrepresented facts.

Is vacation the same as cessation?

No. See the section above.

Related guides: responding to an application to vacate, a Minister’s cessation application, cessation of refugee protection, what protected person status means.

What should I do right now?

If you’ve received an application to vacate, read responding to an application to vacate and get counsel before the hearing.

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. 109
• 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.