Cessation or vacation applications
LAO issues certificates for 16 hours, plus attendance, to eligible refugee claimants at risk of losing their status as Convention refugees or people who are in need of protection.
Certain federal government ministers can apply to the Immigration and Refugee Board (IRB) for an order that takes away someone’s status as a Convention refugee or person in need of protection as follows:
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The IRB can make a cessation order if it decides that a person does not need refugee protection any longer. This means their application for permanent resident status will not be processed until the IRB has made a decision on the Ministers application.
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The IRB can make a vacation order if it decides that a person got protected person status by “misrepresentation,” i.e., saying something that is not true or leaving out important information in a refugee claim. This means the person could be forced to leave Canada, even if the person has permanent resident status.
LAO is protecting these vulnerable clients through access to legal services in light of recent statements by federal government agencies.
Process
LAO will assess the financial eligibility and merit of cessation or vacation legal aid applications by interviewing clients over the telephone, and issue a certificate to financially eligible applicants with meritorious defenses.
Clients who request this coverage must clearly state that they are applying for “cessation” or “vacation” coverage to ensure that their requests are not mistaken for Basis of Claim certificate requests.