MB4-02425

Based on the respondent's uncontradicted testimony that she returned to Burundi for family reasons, that circumstances have changed and she would no longer be at risk, the panel concluded the reasons for which refugee protection was sought have ceased and therefore refugee protection ceased under s.108(1)(e) of the IRPA; the Minister's application is allowed.

Citation: MB4-02425
Parties: Claimant: XXXX XXXX; Minister: Minister of Public Safety and Emergency Preparedness
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 21 October 2014
Procedural Posture: Refugee Cessation (irpa S.108) / Cessation Determination Hearing and Decision
Outcome: Refugee protection ceased under paragraph 108(1)(e) of the Immigration and Refugee Protection Act; Minister's application allowed.
Legal Topics: Cessation of Refugee Protection, Re Availment of State Protection, IRPA S.108(1)(e), IRPA S.108(1)(a)
Source Language: English

Immigration Refugee Law Cessation of Refugee Protection Re Availment of State Protection IRPA S.108(1)(e) IRPA S.108(1)(a)

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Parties

XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Minister

Procedural Posture

Refugee Cessation (irpa S.108) / Cessation Determination Hearing and Decision

Legal Issues

1 Whether refugee protection ceased under s.108(1)(e) of the IRPA
2 Whether respondent had re-availed herself of the protection of Burundi under s.108(1)(a) of the IRPA

Ratio Decidendi

Court Disposition

Refugee protection ceased under paragraph 108(1)(e) of the Immigration and Refugee Protection Act; Minister's application allowed.

Orders

Determine that refugee protection has ceased under paragraph 108(1)(e) of the IRPA.
Minister's application allowed.