Refugee status cessation and PRs applying for citizenship

[kinaspissuh]

Did that person post here in this thread or in a different thread?

yes, as I said on this thread

 

[sopranotb]

Hi, I do not think it is on this thread I do not remember any case this year or even last year here with successful case and a primary applicant (not a dependent)..

 

[kinaspissuh]

Hi, I do not think it is on this thread I do not remember any case this year or even last year here with successful case and a primary applicant (not a dependent)..

sorry i misunderstood you. That was in 2016

 

[scylla]

To add a little bit of optimism: a primary applicant and I successfully renewed our PR card.
IRCC sent them this week.

There's generally no problem renewing PR cards with cessation. The problem is when it comes time to apply for citizenship.

 

[LadyA]

There's generally no problem renewing PR cards with cessation. The problem is when it comes time to apply for citizenship.

Ok. Sorry then. My post is useless

 

[scylla]

Ok. Sorry then. My post is useless

I don't think it's useless at all. It's good for people to know that their PR cards can be renewed successfully. But also good to clarify that this doesn't mean someone is out of the wood and problems may be encountered during citizenship.

 

[derin1010]

At what stage does the cessation happen during citizenship application.

 

[dpenabill]

Upfront caveat: as I have discussed often above, WE DO NOT KNOW MUCH about current IRCC policy relative to the nature or extent to which PR-refugees are screened for potential cessation grounds, reavailment looming as the most common but not the only ground for cessation. In particular, WE DO NOT KNOW WHETHER CITIZENSHIP APPLICANTS ARE SCREENED specifically for potential cessation criteria.

It was obvious that CIC under the Harper government was screening citizenship applicants employing criteria indicating potential grounds for cessation proceedings.

It is clear that IRCC is currently still commencing and prosecuting cessation proceedings involving PRs. BUT there is no clear information about what will trigger the process, whether for PR-refugees generally or for those who are applying for citizenship.

That said . . .

To add a little bit of optimism: a primary applicant and I successfully renewed our PR card.
IRCC sent them this week.

Actually my sense is that this is positive news if indeed this is about a PR-refugee who has obtained a home country passport and/or traveled to the home country, and especially if both.

Since the PR must disclose travel history during the previous five years and disclose (copy of bio page at the least) any valid passport the PR has, the application for a PR card reveals to IRCC information about home country travel and passport which could lead to cessation proceedings based on reavailment.

There's generally no problem renewing PR cards with cessation. The problem is when it comes time to apply for citizenship.

This is NOT my impression.

In contrast, like other status related issues, a PR-refugee who has obtained a home country passport and traveled to the home country, is particularly at risk during any transaction/interaction with EITHER CBSA or IRCC in which there may be some review of the individual's status or travel history. Thus, in particular:

-- when being examined at a PoE upon return to Canada
-- when applying for a PR Travel Document
-- when applying for a new PR card
-- when applying for citizenship​

So far as I can discern, the majority of cessation proceedings may be triggered by PoE examinations, the PR-refugee presenting a home country passport or it is obvious the PR-refugee has been traveling to the home country. There is some indication that the risk of being examined and referred for cessation-related investigation is dramatically higher for a PR-refugee who has spent enough time abroad to invite inquiry into compliance with the PR Residency Obligation.

Otherwise, it appears that the risk of being investigated for potential cessation proceedings is mostly when CBSA or IRCC is conducting a more probing inquiry into the PR's residency, either relative to the PR RO or the presence requirement for citizenship.

In any event, many of the cessation cases reported in official sources do NOT involve someone who applied for citizenship.

During the years Harper was PM, it was abundantly clear that CIC was overtly conducting screening to identify citizenship applicants potentially vulnerable to cessation for reavailment.

We know the current government is still prosecuting cessation cases, including initiating new ones. I am not aware of any source which distinguishes how many of these involve citizenship applicants versus other PR-refugees.

See, for example, the IAD decision published here: http://canlii.ca/t/gtxqf
(Note: IAD cessation cases have redacted information which would identify the individual. Many do not clearly identify what sort of transaction led to inquiry into reavailment and proceedings for cessation.)

Among those which do, again it appears that most are triggered by a PoE examination. In this case, for example, the triggering event is described:

"The event that initiated the Minister’s [cessation] application occurred on May 8, 2013 when the respondent sought entry to Canada at the Vancouver International Airport. At the airport, the respondent was interviewed by an officer of the Canada Border Services Agency (the “port-of-entry officer”) regarding her travel back to Libya, and presumably her passport was photocopied. The information obtained during this event constitutes the majority of the evidence provided by the Minister in support of their cessation application."​

Similarly, see http://canlii.ca/t/h2xqj for another case in which the cessation was triggered by a PoE examination (likewise in Vancouver, but home country was Iran.

Another example: http://canlii.ca/t/gjp9z

As noted, it is not always clear what transaction triggered the cessation inquiry, but often it is readily discerned no citizenship application was involved. Example: http://canlii.ca/t/gl1g5

There are, of course, also IAD cases illustrating instances in which a citizenship applicant has been subject to cessation proceedings. For example, see http://canlii.ca/t/gj5wp
This case is interesting, however, because it appears the cessation proceeding was triggered by a PoE examination while the citizenship application was in process and not suspended (this individual took the citizenship test in February 2014 whereas it appears the PoE examination triggering cessation was in 2013).

In another case involving an applicant for citizenship, it is apparent that information obtained by CIC during the citizenship application process triggered the cessation proceeding. In this case, however, not only was there an allegation of reavailment of home country protection but this individual had also obtained citizenship in another country (the U.S.) which constitutes a separate ground for cessation. See http://canlii.ca/t/h2n6l This may be the same individual who lost an appeal in Federal Court, see http://canlii.ca/t/glt7h





Federal Court Cases:

Examples in which it is clear that a PoE examination triggered inquiry and eventually cessation proceedings:
http://canlii.ca/t/gv6gq
http://canlii.ca/t/gkgfm
http://canlii.ca/t/gjmrd
http://canlii.ca/t/gj6wb
http://canlii.ca/t/gkfq5 (triggering event is not described but proceedings commenced prior to when individual was eligible for citizen)
http://canlii.ca/t/gk2zc (cessation proceedings clearly triggered by PoE examination; not clear whether this individual was a PR or just a protected person)



Examples in which triggering transaction not clearly identified but there is NO indication the affected person was a citizenship applicant:
http://canlii.ca/t/hqf5v
http://canlii.ca/t/h418x
http://canlii.ca/t/gkwdr


Examples in which PR-refugee subject to cessation was a citizenship applicant and it is likely information in assessing the citizenship application triggered inquiry leading to cessation proceedings:
http://canlii.ca/t/gw1qc
http://canlii.ca/t/gstsh
http://canlii.ca/t/glt7h (which is also cited above)
http://canlii.ca/t/gl76g
http://canlii.ca/t/gl1cf

 

[dpenabill]

At what stage does the cessation happen during citizenship application.

We do not know whether IRCC is even screening PR-refugees applying for citizenship, as to grounds for cessation of protected person status . . . let alone at what stage such screening takes place, if there is such screening.

Many of us have surmised that it is most likely done in Sydney, prior to referral to local office, thus prior to IP status, AGAIN, IF there is such overt screening.

That said, facts indicating reavailment could be noticed by a processing agent at any time during the citizenship application process. Any time. The test and interview and documents check might be an occasion during which notice is more likely to be taken, since it is an occasion in which a processing agent is examining the applicant's travel history.

If a processing agent identifies circumstances warranting cessation, that will typically result in a referral of the applicant to the Minister of Public Safety where an inquiry or investigation would take place and the decision made whether or not to pursue cessation proceedings. In the meantime, the citizenship application is usually suspended pending the outcome of the referral.

Thus there is no cessation process, as such, within the purview of processing the citizenship application. There is merely a referral to the appropriate agency. But we do not know what criteria is applied in deciding who to refer for a cessation inquiry. There are numerous PR-refugee citizenship applicants who have traveled home or who have a home country passport, or both, and are waiting anxiously to see how IRCC handles their application. Not much they can do now but wait and see how it goes.

Any PR-refugee who has either obtained a home country passport or traveled to the home country, and especially anyone who has done both or who has traveled multiple times to the home country, SHOULD NOT APPLY FOR CITIZENSHIP, but wait to see if there is news about how this goes for others in similar situations.

 

[Fallen_Warrior]

Hello everyone,

Please sign the following petition against the refugee cessations law. Every sign matters. Once 1000 signatures are received we will take the matters to our MPs.

https://www.change.org/p/honourable-ahmed-d-hussen-stop-refugees-deportation-from-canada-say-no-to-cbsa-refugee-cessation-applications

Also, spread this petition actively please.

United we stand!

 

[screech339]

Hello everyone,

Please sign the following petition against the refugee cessations law. Every sign matters. Once 1000 signatures are received we will take the matters to our MPs.

https://www.change.org/p/honourable-ahmed-d-hussen-stop-refugees-deportation-from-canada-say-no-to-cbsa-refugee-cessation-applications

Also, spread this petition actively please.

United we stand!

What's the point of signing it? This is an example of trying to have their cake and eat it too. There is a reason why there is a category of refugee PR. Without this rule (along with benefits regular PR/Canadians don't get) there is no point of having a refugee PR category since they would be no different from regular PR. What you are creating is a special PR with access to specials benefits that none of us have.

 

[dpenabill]

What's the point of signing it? This is an example of trying to have their cake and eat it too. There is a reason why there is a category of refugee PR. Without this rule (along with benefits regular PR/Canadians don't get) there is no point of having a refugee PR category since they would be no different from regular PR. What you are creating is a PR with access to specials benefits that none of us have.

This appears to be trolling . . . since it is premised on a totally false proposition. There is no "category" of refugee PR any more than there is a category of skilled worker PR or family sponsored PR.

Or, at the least, it is premised on a misunderstanding of the classes of applicants for a PR visa. There are separate classes of individuals who qualify for a grant of PR status, including skilled workers, family class applicants, and SOME refugees as well.

But once the person granted PR status has landed and is a PR they are simply a PERMANENT RESIDENT of Canada. All PRs have the same status. Some PRs may have a condition (though most of these have been eliminated; I am not sure which if any conditional PR grants are still utilized). Persons who came to Canada given refugee or protected person status, and who become a PR, do NOT have a conditional PR. They are a PR the same as other PRs.

EXCEPT that in 2012 the Harper government adopted a statutory provision which AUTOMATICALLY terminates PR status if the PR is a protected person and there is cessation of that status, as a protected person.

The injustice of this is profound. Some of the cessation cases have been against individuals who were PRs FOR MORE THAN A DECADE, who have well-established lives settled in Canada, Canadian partners, Canadian born children, and the grounds for cessation were based on activities (obtaining passport and/or travel to home country) WHEN that would have NO IMPACT on their PR status. It is readily apparent that this was, similar to the two-year conditional PR imposed on spouse sponsored PRs, a measure implemented so that the government would not need to prove actual fraud. BUT the Harper government actually applied the change to go after many for whom there was NO hint or clue of any fraud.

Trudeau's government promptly terminated the overly-broad and draconian two-year conditional PR for spouse sponsored PRs but has failed to address this egregiously unjust provision which automatically terminates a PR's status with NO personal NOTICE that the individual's PR status is subject to a proceeding which will terminate the PR's status.

Not all refugees or protected persons are given PR status in Canada. Canada can decide which refugees to give PR status. Once PR status is granted, however, it should be PERMANENT unless the PR does something which is contrary to being a PR, just like any and every other PR, such as failing to reside in Canada sufficiently to meet the PR Residency Obligation or engaging in serious criminality.

 

[screech339]

Refugee PR is PERMANENT on condition that he / she does not back to native country. Go back and risk losing your PERMANENT status. It is not hard to grasp that understanding.

Did you know if you look at the PR card, there is actually different categories of PR. Sponsored PR have a different code from a refugee holding a PR, from someone who got PR through express visa. Since there are in fact different categories of PR, there are different rules / conditions one must abide by. They are ALL PERMANENT on condition that they abide by the rules that a person agreed upon accepting PR status.

I will sign it if the petition also removes access to special benefits like, dental, drugs, monthly living expenses and live like any other PR. Also add a note that refugee should not qualify for PR if entered Canada illegally.

 

[LadyA]

I will sign it if the petition also removes access to special benefits like, dental, drugs, monthly living expenses and live like any other PR. Also add a note that refugee should not qualify for PR if entered Canada illegally.

Lol. Please, check your facts before posting. Or , « Before you speak, let your words pass through three gates: Is it true? Is it necessary? Is it kind? »

 

[Seym]

Some people seem to be so jealous of refugees and special treatment of refugees, you'd think they'd love to be one themselves.