Best thing you can do is get advice from a good immigration lawyer. Good luck.
Refugee status cessation and PRs applying for citizenship
- Thread starter dpenabill
- Start date
Absolutely agree with @scylla: "Best thing you can do is get advice from a good immigration lawyer."
Given the gravity of what is at stake, some further cautionary observations are warranted:
Again, Lawyer-Up, lawyer-up soon . . . and additionally . . . If you have not yet actually made an application for citizenship, DO NOT SUBMIT an application for citizenship without FIRST obtaining the services of not just a good immigration lawyer but one that has had experience dealing with cessation of refugee status cases. DO NOT RUSH making an application for citizenship.
Be sure to get advice from a lawyer who is YOUR LEGAL REPRESENTATIVE (so a lawyer being paid to represent you, to be YOUR lawyer). You probably need more than just a consultation (and absolutely far more than a free consultation).
If you have already applied for citizenship:
If you have already submitted an application for citizenship, SEE a LAWYER as SOON as YOU CAN. Lawyer-Up as SOON as you can. Yes, I am being repetitive. Unless you are prepared to lose status in Canada, do not underestimate the gravity of what is at stake. Remember, there is NO H&C relief from cessation (so no consideration of the best interests of a minor child basis for relief from a cessation determination).
In particular, if you have already submitted an application for citizenship, it might be a good idea to withdraw that citizenship application. Hopefully a good immigration lawyer with cessation experience can guide you in this regard. Thing is, if you have already applied for citizenship then you have thus reported to IRCC the essential facts which establish a particularly "strong presumption of reavailment" (obtaining home country passport and using it to travel to the home country), making the case for cessation of your status in Canada. There is some chance it might slide through without referral to CBSA for investigation, but there is at least a very substantial probability that at the very least this will trigger an investigation which, so far as we have seen in reported cases, typically takes YEARS.
So, some more repetition: There is some chance it might slide through. A very real chance, however, this could lead to the loss of status in Canada and deportation proceedings. And in-between, very substantial odds the best case scenario is YEARS of being in limbo.
(Note: obviously, if you have already submitted an application for citizenship and did not disclose, in the application, the home country passport and trip to the home country, including in address history, that would be grounds to prosecute misrepresentation in addition to cessation.)
Further Explanatory Observations:
You describe circumstances which might constitute the core of a defense if CBSA and the Minister of Public Safety decide to pursue cessation proceedings against you. But make no mistake, that is about defending your decisions and actions in an effort to overcome the presumption that you have reavailed yourself of your home country's protection.
That means, if the government decides to pursue cessation, a year or three years (or perhaps longer) AFTER the government makes that decision to pursue cessation (published decisions suggest it is taking a long time for these cases to be litigated before the RPD) you will have the opportunity to present evidence and argument to the RPD that will (you hope) overcome the presumption of reavailment. You would get that opportunity a year or three years or so AFTER cessation proceedings are commenced. And you might indeed succeed in making the argument that your evidence overcomes the presumption of reavailment. In other words, even if the government proceeds with cessation, there is a chance (a year or so down the road from then) that you will not lose your status in Canada despite having obtained a home country passport and having used it to travel to your home country.
But even before the government makes a decision about whether or not to pursue cessation, there are many, many indications that individuals in these situations can be in limbo for YEARS waiting for CBSA or the Minister of Public Safety to decide whether to proceed with cessation.
In the post here preceding yours I discuss, for example, the Baingana case, which is here: Baingana v. Canada (Public Safety and Emergency Preparedness), 2024 FC 1991, https://canlii.ca/t/k8955 and in that case Baingana applied for citizenship in 2018 but it was not until February 2023 that cessation proceedings were brought against Baingana, and not until November 2023 the RPD made its decision.
The Merits; the case for reavailment versus the case overcoming the presumption of reavailment:
This is lawyer-stuff. Really, for-sure, no doubt, this is lawyer-stuff.
I am offering some observations about this in order to illustrate and emphasize this is lawyer-stuff. As I mention above, you describe some circumstances which might be the core of a defense to cessation, which might support the argument there was no intent to reavail home country protection sufficiently to overcome the presumption of reavailment. It would be a mistake, however, for me to offer any opinion about how strong your case is or what the odds are, let alone suggest how to best proceed from here.
To assess the strength of your case, the strength of the evidence you might have to prove there was no intention to reavail home country protection (despite having in fact done so by obtaining a home country passport, and using it, and traveling to the home country), demands examining and considering many more details in your situation. I am NOT suggesting sharing more detail here. While those familiar with these actions (such as some of us here) can recognize details that could have a lot of influence, none of us (other than experienced lawyers) have anywhere near sufficient understanding to offer any useful insight into how such details will actually influence a real case.
For example, you mention having police reports and such to support your case. If these include reports from police in your home country, depending on what they show and how you obtained them, they might actually work against you (especially if they represent any reliance on authorities in the home country). This stuff can and often will get complicated, complicated enough that it can require a focused effort by a good and diligent lawyer to sort out what helps and what might hurt.
Leading to the best interests of a minor child . . . what constitutes a compelling reason for taking the risk of going to your home country is one thing, and that can be a factor which helps make the case you did not intend to reavail home country protection but you were, rather, in effect forced to go there to protect your children. BUT if despite that, if notwithstanding the reasons for your trip there the RPD determines you have not overcome the presumption of reavailment, the best interests of your children will not stop the loss of your status in Canada.
All of which is to say . . . yeah, time to lawyer-up . . . lawyer-up BEFORE applying for citizenship . . . or, if you have already applied, lawyer-up real soon.
Thank you so much, dpenabill, for your thoughtful and detailed response. I truly appreciate your time and insights.
To clarify, my applications are ready in my online profile, but I have not yet submitted them. Additionally, the police reports and Children’s Aid Society records I have are from Canada, not my home country, so they should reflect the genuine nature of my case, supported by documented evidence.
That said, I do feel a bit hesitant to contact a lawyer at this stage. My concern is that I believe they may offer the same advice, based on the immigration rules and laws, which I am already aware of. However, I did take proactive steps and reached out to both IRB and IRCC. I inquired about any open investigations under my name and file numbers, and both confirmed that there are no ongoing investigations or red flags in their systems, which has given me some peace of mind.
At this point, I am seriously considering waiting until 2027 before submitting my citizenship application. This would allow me to meet the five-year travel history requirement, and in the meantime, I plan to apply for a Travel Document and surrender my home country passport. I am willing to wait a few more years before applying for citizenship, as I feel this may provide more security in the long run.
The only factor that gives me some stress is the potential changes under a conservative government in the future. There’s always the concern that new laws or stricter immigration rules may be implemented, and that uncertainty weighs on me a bit.
Again, I greatly appreciate your insights, and I will continue to carefully evaluate my options moving forward. Thank you once again for your time and assistance.
Since you have not actually submitted a citizenship application and there are no active proceedings involving your status, I agree that it makes sense to wait, to defer obtaining the assistance of a lawyer for now.
And what you are contemplating, waiting until your travel to the home country is outside the five year eligibility period, and thus there would be no need to report/declare that travel or address history in the citizenship application, is something I have considered suggesting. And indeed I would suggest that except given what is at stake, in conjunction with what is not known, getting help from a competent, experienced lawyer is the better option . . . but yeah, the better option BEFORE making the citizenship application. No rush to get a lawyer's help in the meantime.
It does appear likely there will be a change in government this coming year and not only to a Conservative government but many are betting it will be a majority Conservative government, which would give that government a strong hand to make changes. That said, while they could adopt more strict requirements for citizenship, my sense is that would be a low priority. And the cessation law as applicable to PRs is already as draconian as the Harper government was pushing and it is hard to see changes making it any more so.
The one aspect of grant citizenship that might be targeted for change could be a pet peeve among Conservatives, their apprehension that many just come to get a passport of convenience and are applying-on-the-way-to-the-airport, but that would have no impact on those who have come here to settle permanently in Canada.
As for any assurances from the RPD and IRCC regarding pending actions, that's not worth much, not much at all. The longest phase in cessation actions against PRs (in contrast to those with refugee status who have not yet obtained PR status) appears to be the period during which CBSA is investigating. No one at the RPD or IRCC or even CBSA is likely to acknowledge there is an investigation in progress. Generally the only hint an affected PR-refugee would have that something is pending would derive from questioning during a Port-of-Entry examination when returning to Canada, unless the PR-refugee has a citizenship application pending that is falling behind the processing times. This is NOT to suggest that an investigation is likely taking place in your case. Just that there is virtually no way to find out if that is happening, at least not until there is notice of cessation proceedings (or the application for citizenship is made but then gets bogged down in unexplained non-routine processing).
For now, yeah, waiting is probably OK. Probably a good idea.
Hi,
I attended my citizenship interview on October 30th. I am a PR-Refugee who renewed my home country passport and used it to travel to a third country (Australia). I was questioned by the officer when returning to Canada, and I explained that I was unaware I shouldn't have renewed and used my passport. I gave the same response during my citizenship interview. Since November 2nd, my language and physical presence requirements have been marked as complete, but the prohibition is still under review. Am I in trouble?"
I attended my citizenship interview on October 30th. I am a PR-Refugee who renewed my home country passport and used it to travel to a third country (Australia). I was questioned by the officer when returning to Canada, and I explained that I was unaware I shouldn't have renewed and used my passport. I gave the same response during my citizenship interview. Since November 2nd, my language and physical presence requirements have been marked as complete, but the prohibition is still under review. Am I in trouble?"
Nobody can predict whether you’ll face consequences for your travels and passport renewal.
Get a lawyer. Believe if you lose your status you also become inadmissable so you would not be able to be processed with your spouse. Unsure whether it will impact her ability to get protected person with you listed as a dependent status or PR if you are inadmissible and are in Canada. This is a highly unusual situation and assume IRCC was unaware that she had a spouse who had claimed asylum if she got a TRV.
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Another vote for making sure you are working with a really good lawyer (not a consultant) with experience in cessation applications. These are questions you really need to be asking a lawyer.
I'm not sure you can benefit in any way from your spouse's refugee application.
New cessation case. Don't think there's anything new here. Many trips to COP + multiple passport renewals. https://www.canlii.org/en/ca/fct/doc/2024/2024fc2088/2024fc2088.html
It appears the post containing this quote has been deleted. But it bears emphasizing, much as @canuck78 and @scylla have commented, this is lawyer-up stuff. In particular, in this situation there is no doubt that getting help from a lawyer is imperative.alexmathew244 said:
There are some indications there may be ways for some who suffer cessation to obtain post-cessation relief from the draconian termination of status to be in Canada, and consequent inadmissibility, but that is a very difficult path and really, really demands both the expertise and authority of well-qualified, experienced legal representation. The sooner a good lawyer is on the case, the better the odds they will be able to help.
As you say, not much new here in the Deochan v. Canada, 2024 FC 2088, https://canlii.ca/t/k8hcj decision.
However . . . not up to the task this morning, and I will revisit the case and reconsider things before I post much about it . . . but this decision demands attention, it appears to not be reasonable, or as the FC often puts it, it is (at least it appears) "unintelligible."
That's a harsh conclusion.
It reinforces what I perceive to be a general trend minimizing the influence given to a refugee's lack of actual knowledge about the consequences of obtaining a home country passport or traveling there. Which, to my view at least this morning (still in awash of new year's making it to the new year stuff) . . . which, well, which demands more attention and examination of the inconsistent (or "unintelligible") reasoning given. Will revisit and reconsider before saying more.
Hi guys, I was a refugee and since IRCC was taking too long to issue a travel document for me, I renewed my passport from my home country (Iran) without travelling there. After that I travelled with that passport once to Mexico for 8 days. I applied for citizenship on April 2024 but my status is still in prohibitions. After reading notes, I am really worried about my application revocation. I’d really appreciate it if anyone can help.
Hi, I’m on the same boat. Do you have any updates? I didn’t have an interview yet
Hi, based on information on this forum there is possibility. Have you contacted them about the travel document application? Why it took long or how long did you wait?
Thank you for your response. This situation has been incredibly stressful for me. I waited 1.5 years for my travel document, but it never arrived. After receiving my passport, I didn’t follow up with CIC regarding my travel document application, and now it has been almost three years without any updates. Have you come across any cases in this forum where someone’s Canadian status was revoked due to renewing their passport or traveling to a third country? I didn't know renewing passport and travelling can have such a huge effect in my life.
Overview:
Most likely there will be no serious problem, no cessation proceedings, and probably (best guess) not even a cessation related investigation.
Extent to which your citizenship application will take longer than most will depend on your personal situation and history, recognizing there is often more complex background screening of PR-refugees.
Explanation With Further Observations:
So far we have not seen cessation proceedings brought against PR-refugees who did not travel to their home country. That is no guarantee. But particularly in regards to a single trip using the passport to travel internationally (but not to the home country) it seems, as best we can see from the galley (so to say), the odds are probably very good that CBSA will not commence cessation proceedings. So the odds are good your refugee status and PR status are NOT at risk, not much risk anyway, at least not in regards to cessation.
That does not preclude the possibility of CBSA investigating your background related to possible cessation (apart from other elevated background screening that can delay processing, particularly for refugees). A CBSA investigation can include investigating whether the PR-refugee applying for citizenship may have made an undisclosed trip to the home country. Some PR-refugees, quite a few it seems, try traveling to their home country through third countries, rather than directly to their home country, in what often appears to be a deliberate effort to conceal the trip to the home country.
As long as you did not do that, the odds of cessation proceedings should be low to very low. As best we know. However, investigations can take a considerably long time and cause lengthy delays. We have almost no idea about the extent to which CBSA investigates cessation issues which do not result in cessation proceedings, so it is difficult to even guess how much risk there is of this.
". . . since IRCC was taking too long to issue a travel document for me, I renewed my passport from my home country . . . "
I am not qualified to offer personal advice, but this sounds like a confession, sounds like you wanted to travel and in order to travel you obtained a home country passport, meaning you voluntarily and intentionally reavailed yourself of your home country's diplomatic protection, first by obtaining the passport and secondly by using it for international travel. Perhaps this is not so obvious to some (many of us, me included, tend to confuse excuses or personal reasons for justification).
Illustrates how tricky navigating cessation issues can be.
So far, again, we have NOT seen cessation cases absent actual travel to the home country. So that may not cause a problem. My sense is that alone is not likely to cause CBSA to pursue cessation.
If, however, CBSA contacts you for an interview (again, this does not seem likely, but it is nonetheless well within the range of what is possible), it would be wise to consult with a lawyer before attending the interview. (This is not about an interview with an IRCC processing agent for the citizenship application; these are routine and generally nothing to worry about.)
If you are interviewed by CBSA, or otherwise asked questions about why you obtained a home country passport, it might be prudent to recognize that it is obvious you knew you should obtain a refugee travel document for travel outside Canada. That strongly suggests you knew you should not obtain a home country passport, and claiming the contrary could be an inconsistency that hurts your credibility. I cannot offer advice about what to say or how to approach this if asked. I doubt this alone would cause much concern, but best to be forthright and honest (the hardest part of which, for many of us, here again me included, is being honest with yourself).
Re Refugee Travel Document Processing:
I do not know much about the process involved in obtaining a refugee travel document.