Explain the instances justifying the cessation of refugee status
Answers
Answer:
The 1951 Convention relating to the Status of Refugees (hereinafter “1951 Convention”)
recognises that refugee status ends under certain clearly defined conditions. This means that
once an individual is determined to be a refugee, their status is maintained unless they fall within
the terms of the cessation clauses or their status is cancelled or revoked.1
Under Article 1C of
the 1951 Convention, refugee status may cease either through the actions of the refugee
(contained in sub-paragraphs 1 to 4), such as by re-establishment in his or her country of origin,2
or through fundamental changes in the objective circumstances in the country of origin upon
which refugee status was based (sub-paragraphs 5 and 6). The latter are commonly referred to
as the “ceased circumstances” or “general cessation” clauses. These Guidelines are concerned
only with the latter provisions.
2. Article 1C(5) and (6) provides that the 1951 Convention shall cease to apply to any person
falling under the terms of Article 1(A) if:
(5) He can no longer, because the circumstances in connexion with which he has
been recognized as a refugee have ceased to exist, continue to refuse to avail
himself of the protection of the country of his nationality;
Provided that this paragraph shall not apply to a refugee falling under section A(1)
of this Article who is able to invoke compelling reasons arising out of previous
persecution for refusing to avail himself of the protection of the country of
nationality;
(6) Being a person who has no nationality he is, because the circumstances in
connexion with which he has been recognized as a refugee have ceased to exist,
able to return to the country of his former habitual residence;
Provided that this paragraph shall not apply to a refugee falling under section A(1)
of this Article who is able to invoke compelling reasons arising out of previous
persecution for refusing to return to the country of his former habitual residence.
3. UNHCR or States may issue formal declarations of general cessation of refugee status for a
particular refugee caseload.3
UNHCR has such competence under Article 6A of the Statute of
the Office of the High Commissioner for Refugees in conjunction with Article 1C of the 1951
Convention. Due to the fact that large numbers of refugees voluntarily repatriate without an
official declaration that conditions in their countries of origin no longer justify international
protection, declarations are infrequent. Furthermore, many States Parties grant permanent
residence status to refugees in their territories after several years, eventually leading to their
integration and naturalisation. Similarly, cessation determinations on an individual basi