Protected Person facing possible loss of father in home country

[NiikkiF]

Hello,

I hope someone can help me as soon as possible.

I am a protected person in Canada and I applied for my PR a few months ago. My Medical Report was requested and I sent it in.

My younger sister who resides in my home country where i fled from has just informed me that our father has fallen ill. I can't compare the love that I have for my father with anyone one besides my daughter. September will make 3 years since I moved to Canada and almost every night for the passed year, I've cried myself to sleep hoping, praying and wishing to reunite with my father again. He has been my best friend for as long as I can remember and parting with him has been the toughest thing I had to endure.

Many nights I go to bed just hoping that I will have a chance to see him at least one more time before he passes. I promised myself I'd make it memorable. The thing is, I am not sure if there is a procedure that exists for the Canadian government to allow Protected persons to leave on these conditions. My father cannot travel and I'd at least love to have the opportunity to attend his funeral if he passes before I can visit him without consequences.

Can someone please provide any useful information regarding these circumstances?

 

[21Goose]

First, I'm sorry to hear about your father. That sounds very difficult to bear indeed.

However, if you fled your home country out of fear for your life, going back there voluntarily (even for something this sad and serious) sends a strong signal that you weren't actually in danger.

This will most likely lead to issues with your status and cancellation of your refugee claim. You're not even supposed to use the passport from your home country.

There are Humanitarian & Compassionate considerations, so maybe you can talk to an immigration lawyer.

I wish you good luck and strength in this difficult time.

-------
One of the reasons that a refugee can lose their permanent resident status is if they voluntarily go back under the protection of their "country of nationality". This is the country they were a citizen of when they fled.

Going back under the protection of the country of nationality is called "re-availment".

The Minister may apply for cessation based on this reason if a protected person has:

• traveled to their country of nationality
• applied for or renewed a passport issued by that country

 

[Buletruck]

Travelling to the country that you sought protection from is risky, not only due to the risk of reavailment, but also because Canada can not provide with any protection once you are there. There have been however, circumstances for situations like your, the courts have found that the travel home does not in itself make reavailment finding a certainty. A brief trip, for sound reasons like your can be allowable, but there doesn’t seem to be any consistency in the findings. IRCC has to prove that your intent would be to reavail yourself to the protection of your home country. It’s by no means certain, but the courts have on several occasions sided with the refugee and overturned a reavailment finding.

Section 5,5 gives a slightly clearer understanding of reavailmemt and what the courts look for.

https://irb-cisr.gc.ca/en/legal-policy/legal-concepts/Pages/RefDef05.aspx#n55

Hope it helps you understand the decision you are about to make and it all works out for you.

 

[21Goose]

Travelling to the country that you sought protection from is risky, not only due to the risk of reavailment, but also because Canada can not provide with any protection once you are there. There have been however, circumstances for situations like your, the courts have found that the travel home does not in itself make reavailment finding a certainty. A brief trip, for sound reasons like your can be allowable, but there doesn’t seem to be any consistency in the findings. IRCC has to prove that your intent would be to reavail yourself to the protection of your home country. It’s by no means certain, but the courts have on several occasions sided with the refugee and overturned a reavailment finding.

Section 5,5 gives a slightly clearer understanding of reavailmemt and what the courts look for.

https://irb-cisr.gc.ca/en/legal-policy/legal-concepts/Pages/RefDef05.aspx#n55

Hope it helps you understand the decision you are about to make and it all works out for you.

That's great info. Especially this part:

"The evidence is all assessed in the same way: the surrounding circumstances and the credibility of the claimant’s explanations determine whether it can reasonably be concluded that they indicate the absence of the subjective component of a well-founded fear of persecution."

Basically, talk to a lawyer.

 

[NiikkiF]

I understand these repercussions so I would never revisit my home country without the ''okay" from IRCC, even if he passes. I was just curious to know if there is an act in place to allow the visit in that event. This isn't easy at all for me and before you all replied, I felt like I was about to have a heart attack doing research because I couldn't even find something such as "Humanitarian & Compassionate considerations" to ease my mind. Thank you all for your replies and for the condolences, they are much appreciated.

 

[scylla]

I understand these repercussions so I would never revisit my home country without the ''okay" from IRCC, even if he passes. I was just curious to know if there is an act in place to allow the visit in that event. This isn't easy at all for me and before you all replied, I felt like I was about to have a heart attack doing research because I couldn't even find something such as "Humanitarian & Compassionate considerations" to ease my mind. Thank you all for your replies and for the condolences, they are much appreciated.

Unfortunately there is no act or rule in place that would allow you to visit.

 

[Buletruck]

Unfortunately there is no act or rule in place that would allow you to visit.

To add, IRCC would never “OK” such a visit either. It’s a decision you have to make and be prepared for potential repercussions.

 

[luckyrefugee]

First, I'm sorry to hear about your father. That sounds very difficult to bear indeed.

However, if you fled your home country out of fear for your life, going back there voluntarily (even for something this sad and serious) sends a strong signal that you weren't actually in danger.

This will most likely lead to issues with your status and cancellation of your refugee claim. You're not even supposed to use the passport from your home country.

There are Humanitarian & Compassionate considerations, so maybe you can talk to an immigration lawyer.

I wish you good luck and strength in this difficult time.

-------
One of the reasons that a refugee can lose their permanent resident status is if they voluntarily go back under the protection of their "country of nationality". This is the country they were a citizen of when they fled.

Going back under the protection of the country of nationality is called "re-availment".

The Minister may apply for cessation based on this reason if a protected person has:

• traveled to their country of nationality
• applied for or renewed a passport issued by that country

Apply for RPD ( Refugee Travel document) and visit a country where he can easily come and meet him. You can go anywhere with RPD but not to your home country. I hope he is not at bed. If he can travel somewhere you can meet him at any other country.

 

[canuck78]

Apply for RPD ( Refugee Travel document) and visit a country where he can easily come and meet him. You can go anywhere with RPD but not to your home country. I hope he is not at bed. If he can travel somewhere you can meet him at any other country.

RTD is not accepted by all countries. Some countries accept RTD but require a visa so also no guarantees you would get approval. *Unfortunately travel doesn't soundalike it would be possible. On positive note at least there are programs like Skype or FaceTime which allows some face to face communication. At least there is more opportunities fo communication than preciously.

 

[NiikkiF]

Apply for RPD ( Refugee Travel document) and visit a country where he can easily come and meet him. You can go anywhere with RPD but not to your home country. I hope he is not at bed. If he can travel somewhere you can meet him at any other country.

This is understood, But unfortunately my father cannot travel at all due to his illness.

 

[NiikkiF]

RTD is not accepted by all countries. Some countries accept RTD but require a visa so also no guarantees you would get approval. *Unfortunately travel doesn't soundalike it would be possible. On positive note at least there are programs like Skype or FaceTime which allows some face to face communication. At least there is more opportunities fo communication than preciously.

Yes I am glad that there are other possible ways to communicate with him.
Thank you!

 

[Fallen_Warrior]

Hello,

I hope someone can help me as soon as possible.

I am a protected person in Canada and I applied for my PR a few months ago. My Medical Report was requested and I sent it in.

My younger sister who resides in my home country where i fled from has just informed me that our father has fallen ill. I can't compare the love that I have for my father with anyone one besides my daughter. September will make 3 years since I moved to Canada and almost every night for the passed year, I've cried myself to sleep hoping, praying and wishing to reunite with my father again. He has been my best friend for as long as I can remember and parting with him has been the toughest thing I had to endure.

Many nights I go to bed just hoping that I will have a chance to see him at least one more time before he passes. I promised myself I'd make it memorable. The thing is, I am not sure if there is a procedure that exists for the Canadian government to allow Protected persons to leave on these conditions. My father cannot travel and I'd at least love to have the opportunity to attend his funeral if he passes before I can visit him without consequences.

Can someone please provide any useful information regarding these circumstances?

Firstly, I am sorry to hear about your father. Hopefully, he is well ,now.

Secondly, it's still a long way to go. I would recommend that you do your research on refugee cessation even before thinking about renewing your home country passport.

I have been refugee and then permanent resident for almost 10 years now. I applied my citizenship 14+ months ago and still waiting for it to be processed. In these 11 years I didn't see my family or went back home due to cessation issue.

I understand that it must be very hard for you brother but try to save few tears for future too if you stay refugee. You may need them even after being PR. We can only go back home safely once we have CITIZENSHIP.

So, you gotta make the right call about your life my friend. Cheers!

 

[Zues_god]

Firstly, I am sorry to hear about your father. Hopefully, he is well ,now.

Secondly, it's still a long way to go. I would recommend that you do your research on refugee cessation even before thinking about renewing your home country passport.

I have been refugee and then permanent resident for almost 10 years now. I applied my citizenship 14+ months ago and still waiting for it to be processed. In these 11 years I didn't see my family or went back home due to cessation issue.

I understand that it must be very hard for you brother but try to save few tears for future too if you stay refugee. You may need them even after being PR. We can only go back home safely once we have CITIZENSHIP.

So, you gotta make the right call about your life my friend. Cheers!

Why did it take 10 years for you to apply for citizenship? Is it the mandatory time for a refugee to wait in order to apply?

 

[scylla]

Why did it take 10 years for you to apply for citizenship? Is it the mandatory time for a refugee to wait in order to apply?

The requirements to apply for citizenship are the same for everyone. There are not separate rules for refugees.

 

[Fallen_Warrior]

Why did it take 10 years for you to apply for citizenship? Is it the mandatory time for a refugee to wait in order to apply?

I was a student, refugee claimant, protected person, permanent resident and now citizenship candidate.