Can Canadian citizen who formerly were refugee go back home?

[Raifed]

Good day. I got my Canadian citizenship on 30th November 2022 and applied for a Canadian passport shortly after.

I was a protected person, who claimed asylum in Canada in late 2017.

My question is can I go back to my home country for a short visit without risking my citizenship status in Canada?

I also want to travel to my home country using my Canadian Passport.

 

[scylla]

Good day. I got my Canadian citizenship on 30th November 2022 and applied for a Canadian passport shortly after.

I was a protected person, who claimed asylum in Canada in late 2017.

My question is can I go back to my home country for a short visit without risking my citizenship status in Canada?

I also want to travel to my home country using my Canadian Passport.

Yes

 

[Raifed]

Yes

Hello, thank you for your response. I was wondering why won't it be an issue since going back to the home country we were previously subject to re-availment.

I will be glad to have the option but I don't want to risk my status in Canada where I can truly live fearlessly.

 

[Bryanpaz]

The short answer is yes.
but you should read this:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/acquisition-loss/revocation.html#:~:text=Subsection 10(1) of the,knowingly concealing material circumstances

 

[Simba112]

The short answer is yes.
but you should read this:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/acquisition-loss/revocation.html#:~:text=Subsection 10(1) of the,knowingly concealing material circumstances

Why was this link necessary in relation to poster's question?

 

[xichanmontreal]

The short answer is yes.
but you should read this:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/acquisition-loss/revocation.html#:~:text=Subsection 10(1) of the,knowingly concealing material circumstances

How is this link relevant to the question asked, can you be more clear?

Canadian citizens, ALL Canadian citizens have constitutional rights. There is no second class citizenship. This does not exist. All Canadians can benefit from the same constitutional rights (Including the right to return home to Canada without any problem).

On the other hand, what is interesting to underline is that having acquired Canadian citizenship will not necessarily protect the former refugee in the event of a return to his country of origin, and the eventuality that the authorities of his country arrest him, or affect his physical integrity.

The cause for which the former refugee had obtained protection under the Geneva Convention will not cease to exist. It is up to the individual to measure the risks and assume the consequences... + Several countries do not recognize the ''benefits'' of dual nationality when their citizen is in the country, or simply do not do not attach importance to the consular protection that a Canadian citizen could benefit from from his embassy, we are often talking here about dictatorships of the third world. Cases (often publicized) of citizens of Europe or the United States, for example, who have obtained protection in Canada are extremely rare, and can be counted on the number of fingers on one hand.

If ever the op tries this adventure, we can only advise him to use only his Canadian passport, and never to request, renew, or use the passport of his country which has been the source of persecution.

** When refugees in Canada obtain a blue travel document (1951 document), a mention is always added in the first pages that the document is not valid in the country (or countries) against which the individual has obtained protection.

This mention disappears from the Canadian passport when the same person obtains it (The page '' observations '' still exists, but it becomes empty. )

This difference is not trivial, or fortuitous.

Nevertheless, the best advice to give is to avoid returning to the country of origin: Even if it is done only for the consideration of the safety of the person.

 

[Bryanpaz]

Why was this link necessary in relation to poster's question?

Subsection 10(1) of the Citizenship Act provides the Minister with the authority to revoke a person’s Canadian citizenship or a person’s renunciation of citizenship if it was obtained, retained, renounced or resumed by one of the following:

1. false representation
2. fraud
3. knowingly concealing material circumstances

// in other words, if you travel to your home country once being a Canadian citizen (obtained via Refugee/Asylum) you could be investigated and if your case is found to be a fraud you could get your citizenship revoked.
In case it wasn’t, and after investigation it is found that your case doesn’t meet any of the previous items , then nothing to worry at all.

 

[xichanmontreal]

Subsection 10(1) of the Citizenship Act provides the Minister with the authority to revoke a person’s Canadian citizenship or a person’s renunciation of citizenship if it was obtained, retained, renounced or resumed by one of the following:

1. false representation
2. fraud
3. knowingly concealing material circumstances

// in other words, if you travel to your home country once being a Canadian citizen (obtained via Refugee/Asylum) you could be investigated and if your case is found to be a fraud you could get your citizenship revoked.
In case it wasn’t, and after investigation it is found that your case doesn’t meet any of the previous items , then nothing to worry at all.

false representation
fraud
knowingly concealing material circumstances

These are serious accusations here, we must not launch such serious accusations like that, lightly. Even by insinuation. This is very serious.

There is not, to my knowledge (Or maybe, very rare) documented case law where people have seen their citizenship revoked on a simple return to the country of origin. Examples on canli? ( link ). You will surely not find any.

More often than not, the rare documented cases of citizenship revocation speak of fraud, or lying, formally supported by evidence.

The fact that the former refugee has become a Canadian citizen in itself is a change in his personal situation, and may (not always) provide him with a semblance of protection if he undertakes the adventure of returning home. Some third world country (and indebted) states can be very careful and delicate when it comes to arresting or to hurt a citizen of a G7 country.

UNHCR guidelines, too, urge against revoking the citizenship of former refugees.

These are non-binding guidelines, but it it's relevant to mention, I think.

The observation page of passports issued for former refugees makes no mention of countries to avoid. (Apart from the general recommendations, of course, which can be found on the website ''travel advice and advisories by destination'').

https://travel.gc.ca/travelling/advisories

 

[Simba112]

Subsection 10(1) of the Citizenship Act provides the Minister with the authority to revoke a person’s Canadian citizenship or a person’s renunciation of citizenship if it was obtained, retained, renounced or resumed by one of the following:

1. false representation
2. fraud
3. knowingly concealing material circumstances

// in other words, if you travel to your home country once being a Canadian citizen (obtained via Refugee/Asylum) you could be investigated and if your case is found to be a fraud you could get your citizenship revoked.
In case it wasn’t, and after investigation it is found that your case doesn’t meet any of the previous items , then nothing to worry at all.

You are tripping, you brings up your own legal framework which does not exist. Unless you misrep your citizenship application, passport does not have any travel restriction placed on it as RTD document.By the way, bring me a case or statistics in relation to what you are saying

 

[scylla]

false representation
fraud
knowingly concealing material circumstances

These are serious accusations here, we must not launch such serious accusations like that, lightly. Even by insinuation. This is very serious.

There is not, to my knowledge (Or maybe, very rare) documented case law where people have seen their citizenship revoked on a simple return to the country of origin. Examples on canli? ( link ). You will surely not find any.

More often than not, the rare documented cases of citizenship revocation speak of fraud, or lying, formally supported by evidence.

The fact that the former refugee has become a Canadian citizen in itself is a change in his personal situation, and may (not always) provide him with a semblance of protection if he undertakes the adventure of returning home. Some third world country (and indebted) states can be very careful and delicate when it comes to arresting or to hurt a citizen of a G7 country.

UNHCR guidelines, too, urge against revoking the citizenship of former refugees.

These are non-binding guidelines, but it it's relevant to mention, I think.

The observation page of passports issued for former refugees makes no mention of countries to avoid. (Apart from the general recommendations, of course, which can be found on the website ''travel advice and advisories by destination'').

https://travel.gc.ca/travelling/advisories

There's a whole thread in the Citizenship section of the forum that covers cessation, including analysis of canli cases: https://www.canadavisa.com/canada-immigration-discussion-board/threads/refugee-status-cessation-and-prs-applying-for-citizenship.333455/page-50

Long story short, based on what we have seen through canli and through experiences on this forum, the main risk is returning to your COP while a PR. That's when you really risk cessation.

 

[xichanmontreal]

There's a whole thread in the Citizenship section of the forum that covers cessation, including analysis of canli cases: https://www.canadavisa.com/canada-immigration-discussion-board/threads/refugee-status-cessation-and-prs-applying-for-citizenship.333455/page-50

Long story short, based on what we have seen through canli and through experiences on this forum, the main risk is returning to your COP while a PR. That's when you really risk cessation.

Yes, thank you.

I know this thread, and I have read it before.

This thread is strictly about cessation cases, mainly for refugees with permanent resident status, or those who are not yet. (In theory those will use the blue 1951 document to return to Canada, which clearly mentions that you should not return to the country of origin, or the countries of citizenship if more than 1, so it is more difficult for them to be in this situation)

Citizens have constitutional rights, and there are no different classes of citizenship in Canada.

 

[RefugeeHelp1]

Subsection 10(1) of the Citizenship Act provides the Minister with the authority to revoke a person’s Canadian citizenship or a person’s renunciation of citizenship if it was obtained, retained, renounced or resumed by one of the following:

1. false representation
2. fraud
3. knowingly concealing material circumstances

// in other words, if you travel to your home country once being a Canadian citizen (obtained via Refugee/Asylum) you could be investigated and if your case is found to be a fraud you could get your citizenship revoked.
In case it wasn’t, and after investigation it is found that your case doesn’t meet any of the previous items , then nothing to worry at all.

LOL I love how you laid out your nonsense like its facts.

I will never forget Nov 2016, when my lawyer said, "YOU CAN NEVER GO HOME, UNTIL YOU BECOME CANADIAN CITIZEN even if someone dies you will miss it or risk losing your PR, but as a Canadian, you are not restricted and are protected by law so do you wanna do this or apply for different stream this process is long and not easy"

The Canadian Charter of Rights and Freedoms, which is part of the Constitution of Canada, protects the mobility rights of Canadian citizens. Section 6(1) of the Charter states that "Every citizen of Canada has the right to enter, remain in and leave Canada."

This constitutional protection guarantees that Canadian citizens have the right to travel abroad and return to Canada freely. It means that Canadian citizens cannot be arbitrarily denied entry into their own country.

Good Luck OP go home if you want, and be safe dear

 

[Bryanpaz]

false representation
fraud
knowingly concealing material circumstances

These are serious accusations here, we must not launch such serious accusations like that, lightly. Even by insinuation. This is very serious.

There is not, to my knowledge (Or maybe, very rare) documented case law where people have seen their citizenship revoked on a simple return to the country of origin. Examples on canli? ( link ). You will surely not find any.

More often than not, the rare documented cases of citizenship revocation speak of fraud, or lying, formally supported by evidence.

The fact that the former refugee has become a Canadian citizen in itself is a change in his personal situation, and may (not always) provide him with a semblance of protection if he undertakes the adventure of returning home. Some third world country (and indebted) states can be very careful and delicate when it comes to arresting or to hurt a citizen of a G7 country.

UNHCR guidelines, too, urge against revoking the citizenship of former refugees.

These are non-binding guidelines, but it it's relevant to mention, I think.

The observation page of passports issued for former refugees makes no mention of countries to avoid. (Apart from the general recommendations, of course, which can be found on the website ''travel advice and advisories by destination'').

https://travel.gc.ca/travelling/advisories

Just clarifying I never made any accusation against the poster.
other person asked for explanation about my reply.
no accusation at all.

 

[scylla]

Subsection 10(1) of the Citizenship Act provides the Minister with the authority to revoke a person’s Canadian citizenship or a person’s renunciation of citizenship if it was obtained, retained, renounced or resumed by one of the following:

1. false representation
2. fraud
3. knowingly concealing material circumstances

// in other words, if you travel to your home country once being a Canadian citizen (obtained via Refugee/Asylum) you could be investigated and if your case is found to be a fraud you could get your citizenship revoked.
In case it wasn’t, and after investigation it is found that your case doesn’t meet any of the previous items , then nothing to worry at all.

Please provide links to the relevant canlii cases. Thanks.

 

[Bryanpaz]

Good day. I got my Canadian citizenship on 30th November 2022 and applied for a Canadian passport shortly after.

I was a protected person, who claimed asylum in Canada in late 2017.

My question is can I go back to my home country for a short visit without risking my citizenship status in Canada?

I also want to travel to my home country using my Canadian Passport.

You should confirm with your lawyer.
many people here could say many things according to interpretation. But the best way is confirming with a professional in the area.