Who knows? We are just guessing. I also declared i was out of the country for a little over 6 months (not to my home country) and i failed to obtain police clearance for that country. Perhaps that could put application on hold pending that..not sure. Shouldn't any action or requests being undertaken by IRCC with CBSA or RPD show up on the notes? I thought the notes are thorough.
We do not know. That's true.
We are not just guessing, however, but surveying more or less likely probabilities based on known information and some key facts. There is a big gap between having some idea about what could be happening and knowing with confidence, but that is more than merely guessing.
BUT yes, the failure to obtain a police clearance for a country you were in for more than six months could also be among the '
usual suspects,' as one might say, for a delay in processing, including a "hold." There could be a referral pending to CSIS or an overseas visa office to verify there are no prohibitions. That said, if you have affirmed there are no criminal convictions or charges pending in any country, and they have not requested a police certificate from that country, not sure that suggests a "hold."
Which leads to . . .
"Shouldn't any action or requests being undertaken by IRCC with CBSA or RPD show up on the notes? I thought the notes are thorough."
No, the copy of GCMS notes sent to citizenship applicants is far, far from thorough. This is something that I have often emphasized. I am not sure how familiar you are with data base software, and of course I am not particularly familiar with the actual data base software used in conjunction with GCMS, but even the most rudimentary data base software uses 'fields' of information, and facilitates generating various types of "reports" based on template-like report formats, generating different reports that are populated by selected fields of information . . . and we are aware, for example, that how GCMS populates some fields in the report copy shared with clients is coded, including some default codes, some null fields even if in the data base itself there is information populating that field, and generally that more than a little information is NOT shared.
There are other topics in this forum where there is more than a little discussion about interpreting client shared GCMS notes. To me this is akin to reading tea leaves. Some of the information, and its meaning, is clear. But that is almost always information the applicant knows or with a little reasoning could easily figure out without obtaining the GCMS notes. Some of the information is, again, coded, and sometimes this is cryptic, vague, indefinite, or as I indicated, some is a default code and thus not indicating much about the applicant's file.
There are reasons for requesting GCMS notes. So I do not entirely dismiss the efficacy of requesting them. BUT generally, in most cases, they are rather uninformative and a wasted effort.
Which brings this around to the note or entry that indicates processing your application is on "hold." Versus, say, "suspended."
This could lead to a tangent way off into the weeds. But, for now, suffice it to acknowledge that there appears to be a great deal of leeway and discretion to simply NOT be processing an application while waiting on another government entity's action . . . such as waiting on a referral to CBSA or Public Safety to decide whether to pursue cessation. This may not fit the provisions which the Harper government added (part of Bill C-24 as I recall) to the Citizenship Act specifically giving CIC/IRCC authority to "suspend" processing applications in regards to certain types of pending inquiries or determinations (mostly having to do with either security issues or prohibitions). But there is still NO provision which imposes any kind of timeline, or any provision prohibiting IRCC from sitting on an application pending this or that determination with no schedule or timeline for making that determination.
And it is not likely the generic GCMS records request will illuminate much, if anything, about this, including whether this is happening or something else is happening.
It is possible to make a customized request for personal information which MIGHT reveal significantly more information. If it was known that lawyers were experienced and skilled in doing this, that would be a reason to go to a lawyer, so the lawyer could help do what might be called "discovery" in other adjudicatory contexts. I do not know if Canadian immigration lawyers do this sort of thing or are any good at doing it. Not much suggests optimism in this regard.
Bottom-line, regarding the GCMS notes, NO, they are NOT thorough, and are not a particularly useful source of information.
"I applied for a PR card because i assumed I'm still entitled to one and it is valid for 5 years within which 5 years i have a right to travel as any other pr. It can also be used in conjunction with a refugee travel document. Besides there is nothing new. If a case has already been opened against me then its the same info and same office. Can they make cessation proceedings twice? Makes no sense. If they have not, then well they still got thr same info i already declared that i went to my home country on citizen application and have been grilled about it already"
There is a difference between having a right to travel versus engaging in activities which might increase the risk of triggering negative actions. Yes, a PR card can be used in conjunction with a refugee travel document. And THAT IS THE ONLY TRAVEL DOCUMENT a refugee should be using to travel abroad (note the PR card is not really a travel document; it is a status document). The thing to avoid, to really, really avoid, is using the home country passport for travel to anywhere. Presenting the home country passport to a country upon entering that country is an overt act relying on the protection of the home country, otherwise referred to as "reavailment," as in grounds for cessation.
It is true that making the PR card application does not introduce any new facts or circumstances, and in the abstract does not change any elements in the equation.
And its done anyway; application made. No need to wrestle with whether or not, or to what extent, a new transaction with IRCC (like applying for a new PR card) might lead to someone taking action on a file that was otherwise dormant. Or whether that risk is outweighed by a desire to get this sorted out, to find out what CBSA or Public Safety will decide to do (if there is indeed a referral for a cessation inquiry).
Note, it is NOT IRCC that decides whether to engage in a formal cessation investigation or commence cessation proceedings. That is either CBSA or Public Safety. All IRCC does is refer a case to CBSA or Public Safety, for that agency to make an inquiry and decide whether to formally investigate, and then to decide whether to initiate cessation proceedings.
Which finally brings this around to the right Canadians have to obtain copies of personal information held by government entities. The ATIP request process. I am hesitant to bring it up, largely because I lean toward a
stay-below-the-radar approach, as much as possible, what others might describe as
let-sleeping-dogs-lie. BUT if you really want to know if CBSA is investigating whether to pursue cessation, perhaps even some idea what stage of inquiry things are at, it MAY be possible (not sure, but to some extent possible) to submit a customized ATIP request to CBSA and get some real information. Doing this in a way which is likely to generate real information would NOT be easy. The request would need to be carefully composed in such a way it would require divulging related information which is not confidential. So it would be tricky. And, moreover, it would be, in a sense,
poking-a-stick-at-the-beast (the "beast" being cessation).
You have made the PR card application. For now probably a good idea to wait to see how that goes. If you are issued and mailed a new PR card routinely, which these days appears to happen quite quickly, that could be a very good sign. Otherwise . . . well, there will be time to survey the road ahead if and when you arrive at that vantage point.
