My friend application for citizenship was rejected. It is very sad after passing the test and long wait. What actions can be taken after she requests the GCMS?
App. Rejected after passing test
- Thread starter CitizenSoon
- Start date
Update: It is pending because IRCC wants to remove her refugee status because she visited her home country a few times as far as I understood.
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Then it’s the ground of fraude or misrepresentation, and not much can be done
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Being a refugee and going back to home country means you’re no longer being threatened and you must remove your status if not it’s a Fraud unless if you received an authorization from government to visit your home country
I do not think there was any indention for any fraud or misrepresentation. She is from Africa and escaped from very difficult circumstances. And in South America, Africa and Asia, anyone can enter a country, if she has good connections with the boards people, regardless her name is listed on the watch list or not.
How can I advise her? Any recommendation? She is looking for guidance.
My understanding is she had stamps/records of entering her home country , otherwise the IRCC wouldn’t have found out, so the “connection with border people” can’t really hold, she must have gone through official channel to get back there and there's evidence that IRCC got hold of
That is why there is no intention to fraud. All stamps are there in documents. There is no intention to hide anything.
that's not the point. Having all the stamps there means she wasn't under any danger going back to that country, which would contradict the only reason of her being a refugee. I understand there must be some personal situation, but the rules are there and there's not much anybody can do. There's a good chance it would be handled by a judge eventually - if it was only one time it might be easier to argue that was by chance she wasn't in any danger, but going back multiple times and coming back without any harm done would make her case really weak. And if her refugee status is removed, then her stay in Canada would be considered illegal, and the chance of getting citizenship, or even maintaining PR, would be pretty slim
Her best solution is probably getting a lawyer
If she filled up all travel information in application form how did they allow her to take a test? I think they should've spotted this at an early review stage. I think she might've hidden that info and this has been revealed during an interview with an officer right after the test. Anyway it may be a misrepresentation.
https://yourlegalrights.on.ca/common-question/how-can-refugee-lose-their-status-canada
Here is the link on info about protected person going back to home country. It says, “the minister might apply for cessation if the protected person applies for citizenship and has visited the home country in the last four years.
In some cases, cessation can lead to the refugees losing their permanent residence status”.
She needs to get legal help and talk to the lawyer.
Here is the link on info about protected person going back to home country. It says, “the minister might apply for cessation if the protected person applies for citizenship and has visited the home country in the last four years.
In some cases, cessation can lead to the refugees losing their permanent residence status”.
She needs to get legal help and talk to the lawyer.
ahmed5
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The only way she can save herself is by proving with substantial evidence that initially her life was indeed under danger , but subsequently things improved.