The Year After Galindo Camayo: How Refugee Cessation Law Has EvolvedHello world!

In 2022, the Federal Court of Appeal released its decision in Canada v. Galindo Camayo (2022 FCA 50) — a landmark ruling that reshaped how Canada approaches the cessation of refugee protection. A year later, the effects of this decision continue to reverberate across immigration tribunals and Federal Court proceedings.

Understanding Cessation

Cessation occurs when Canada determines that a person no longer needs refugee protection — often because they have re-availed themselves of their country of origin’s protection, voluntarily re-established residence there, or obtained another nationality. It is one of the most serious determinations a refugee can face, because it can result in the loss of permanent residence and eventual removal from Canada.

What Galindo Camayo Changed

Prior to Galindo Camayo, there was inconsistency in how cessation was applied. The case brought clarity by emphasizing that the Refugee Protection Division (RPD) must consider all the circumstances, not just the fact that a person returned to their home country. The Federal Court of Appeal held that context matters — intent, duration, and purpose of the visit must all be analyzed before protection is stripped away.

Why It Matters Today

For refugees, this decision restored a measure of fairness. It recognized that life is complex — travel for humanitarian reasons, family emergencies, or brief visits should not automatically erase years of legitimate fear and protection.

For counsel, it established a clearer framework to defend clients against overly rigid interpretations of cessation. Arguments must now highlight individual intent, context, and proportionality.

Looking Ahead

A year after Galindo Camayo, tribunals are applying its principles more consistently, but uneven outcomes remain. As counsel, I continue to argue that cessation must never be used as a blunt instrument — only as a measured response consistent with Canada’s human rights obligations.

Integrity. Excellence. Justice. Those values must continue to guide every cessation decision Canada makes.