Citizenship situation

[adam2681976]

Dear all,

i have a situation regarding my PR and Citizenship, i hope you can advice me about,

- I got my PR in 2009 after long refugee claim process, ( came to Canada 2004),
- In 2011 i applied for the citizenship grant " since then CIC sent me for a finger print and Questioner application), so far nothing received regarding the citizenship exam ( almost 35 months )
- in 2012 i have to go back to my home country for the death of my Father ( 12 days) and another time for my mom death in 2014 ( 14 days).
last time i was entering Canada(coming back from mom funeral , the officer stopped me at the airport and said that you are not allowed to go to your home country because of your status in the PR( refugee), then he wrote down a note in my file that when my PR ends, (which will come soon in October) the CIC will not renew my PR

my question now, if i applied for PR renewal, the CIC will refuse the renewal ?
second how that note the officer put in my file will affect my citizenship application

I do appreciate your response

Thanks
Adam

 

[Goldline]

Dear all,

i have a situation regarding my PR and Citizenship, i hope you can advice me about,

- I got my PR in 2009 after long refugee claim process, ( came to Canada 2004),
- In 2011 i applied for the citizenship grant " since then CIC sent me for a finger print and Questioner application), so far nothing received regarding the citizenship exam ( almost 35 months )
- in 2012 i have to go back to my home country for the death of my Father ( 12 days) and another time for my mom death in 2014 ( 14 days).
last time i was entering Canada(coming back from mom funeral , the officer stopped me at the airport and said that you are not allowed to go to your home country because of your status in the PR( refugee), then he wrote down a note in my file that when my PR ends, (which will come soon in October) the CIC will not renew my PR

my question now, if i applied for PR renewal, the CIC will refuse the renewal ?
second how that note the officer put in my file will affect my citizenship application

I do appreciate your response

Thanks
Adam

I'm not a specialist but I think you need to check with a lawyer. As far as I know as a refugee you're not supposed to go back to your home country. If you can go freely back there with no problem that means you don't deserve a refugee status in Canada. If they don't renew your PR card they will not approve your citizenship either because your need to keep your PR status in order to be granted citizenship.
Again it's better to see a lawyer.

 

[adam2681976]

Thanks

 

[torontonian2003]

Dear all,

i have a situation regarding my PR and Citizenship, i hope you can advice me about,

- I got my PR in 2009 after long refugee claim process, ( came to Canada 2004),
- In 2011 i applied for the citizenship grant " since then CIC sent me for a finger print and Questioner application), so far nothing received regarding the citizenship exam ( almost 35 months )
- in 2012 i have to go back to my home country for the death of my Father ( 12 days) and another time for my mom death in 2014 ( 14 days).
last time i was entering Canada(coming back from mom funeral , the officer stopped me at the airport and said that you are not allowed to go to your home country because of your status in the PR( refugee), then he wrote down a note in my file that when my PR ends, (which will come soon in October) the CIC will not renew my PR

my question now, if i applied for PR renewal, the CIC will refuse the renewal ?
second how that note the officer put in my file will affect my citizenship application

I do appreciate your response

Thanks
Adam

That you traveled back to your original country with no issue, can be interpreted easily by CBSA/CIC, that your voluntarily reacquired your citizenship and that you are no longer needing protection with a refugee status.


From the Ministry of Justice:
http://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-41.html#h-58

Cessation of Refugee Protection

Marginal note:Rejection

108. (1) A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances:
(a) the person has voluntarily reavailed themself of the protection of their country of nationality;
(b) the person has voluntarily reacquired their nationality;
(c) the person has acquired a new nationality and enjoys the protection of the country of that new nationality;
(d) the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or
(e) the reasons for which the person sought refugee protection have ceased to exist.
Marginal note:Cessation of refugee protection

(2) On application by the Minister, the Refugee Protection Division may determine that refugee protection referred to in subsection 95(1) has ceased for any of the reasons described in subsection (1).
Marginal note:Effect of decision

(3) If the application is allowed, the claim of the person is deemed to be rejected.
Marginal note:Exception

(4) Paragraph (1)(e) does not apply to a person who establishes that there are compelling reasons arising out of previous persecution, torture, treatment or punishment for refusing to avail themselves of the protection of the country which they left, or outside of which they remained, due to such previous persecution, torture, treatment or punishment.

 

[torontonian2003]

This is from the CIC website:
http://www.cic.gc.ca/english/resources/tools/refugees/vacation/index.asp
It's prudent you get legal counsel for help.

Cessation and vacation of refugee protection
There are two ways that refugee protection can be removed:

A person can cease to hold their refugee status (A108) if, for example, they voluntarily reavail themself of the protection of their country of nationality or obtain protection from another country (citizenship).
A person can have their refugee status vacated (A109) if they obtained that status by directly or indirectly misrepresenting or withholding material facts relating to a relevant matter.
Applications for potential cessation or vacation of refugee protection may be referred to the Canada Border Services Agency (CBSA) for:

protected persons (status conferred by the Immigration and Refugee Board (IRB) or by Citizenship and Immigration Canada (CIC) as a resettled refugee), including those who have pending applications for permanent residence in Canada; and
protected persons who are permanent residents of Canada.
IRPA allows for loss of permanent residence status if refugee protection ceases under A108(1)(a) to (d) and a finding of inadmissibility under A40.1. There is no loss of permanent residence status if refugee protection is removed because of a change in country conditions [A108(1)(e)].

Roles of CIC, CBSA and IRB in cessation or vacation of refugee protection
Role of CIC

CIC is responsible for policy related to cessation while applications for cessation are submitted by the CBSA on CIC’s behalf. With the exception of positive pre-removal risk assessment (PRRA) cases, CIC refers cases to the CBSA for potential cessation when an officer obtains evidence or facts suggesting that an applicant, for example, re-availed themselves of the protection of their country of nationality or obtained protection from another country.

With the exception of PRRA cases, CIC is also responsible for referring cases to the CBSA for potential vacation on any cases in which there is evidence suggesting that an applicant’s protected person status may have been obtained as a result of direct or indirect misrepresentation or withholding of material facts on a relevant matter. The misrepresentation must relate directly to the validity of their claim for refugee protection, to be considered relevant.

Cessation or vacation investigations and proceedings against resettled refugees involve particular considerations. For more detailed information, see cessation and vacation in the resettlement context.

CIC can annul or set aside a decision to allow a PRRA application that was obtained as a result of directly or indirectly misrepresenting or withholding material facts on a relevant matter [A114(3)], CIC does not refer these cases to the CBSA for potential vacation. For more detailed information, see vacation in the PRRA context.

Role of the CBSA

The CBSA is responsible for assessing referrals, submitting applications for cessation under A108 and applications for vacation under A109 to the Refugee Protection Division (RPD) of the IRB, and representing the Minister in cessation and vacation hearings.

CBSA is also responsible for policy related to vacation.

Role of the RPD of the IRB

The RPD makes decisions on claims for refugee protection made by persons in Canada, as well as on ministerial applications for vacation and cessation of refugee protection.

How to refer cases to the CBSA
The officer reviews evidence and indicators that suggest a cessation or a vacation application would be appropriate.
The officer consults their manager regarding potential referral for cessation or vacation.
The officer can both complete and submit the CBSA Cessation or Vacation Referral Checklist or send an email with a brief description to the appropriate CBSA hearings office. The officer must make clear copies of immigration documents, passport, interview notes and any other relevant documents.
The officer submits copies of supporting documents to the appropriate CBSA hearings office. The disclosure of information on claimants, permanent residents and citizens to the CBSA is consistent with paragraph 8(2)(a) of the Privacy Act and with the “Application and Assessment for Canadian Citizenship” Personal Information Bank.
For resettled refugees only: the referral must be sent to the Operational Management and Coordination Branch (OMC) as a carbon copy (cc). The officer must also notify OMC of any subsequent decisions made on the case.

A CBSA hearings officer will review the referral to ensure there are sufficient grounds and evidence to proceed. The officer should receive a response from the hearings office indicating receipt of the referral.
The hearings office will notify the referring office whether the CBSA will file for cessation or vacation.
CBSA will file an application with the RPD if they decide to proceed with a case.

Any questions about the status of the referral should be directed to the appropriate CBSA hearings office.

 

[torontonian2003]

From this website:
http://owjn.org/owjn_2009/component/content/article/57-immigration-law/340-cessation-and-permanent-resident-status

What is Cessation?

Cessation is when a person loses their status as a Convention Refugee or a person in need of protection. The Minister of Citizenship and Immigration can apply to the Immigration and Refugee Board (IRB) for a cessation order. The IRB makes a cessation order if it decides that a person does not need refugee protection any more. In some cases, under the more recent immigration laws, a cessation order can lead to the loss of your permanent residence status as well. A cessation order based on any of these reasons will result in the loss of permanent resident status:

the person has voluntarily gone back under the protection of their country of nationality (for example, by travelling back to the country, or getting a passport from that country)
the person has become a citizen of a country other than Canada (for example, applying for citizenship in the home country or a new country)
the person has voluntarily become re-established in their home country (e.g. by living or working there).
In some cases, a cessation order can be made if conditions have changed in a refugee's home country. This could happen, for example, if the reasons that a refugee had to leave the country no longer exist. However, such a case will not automatically cause the refugee to lose their permanent resident status.



What does Cessation mean for you?

If you are a successful refugee claimant, you should not travel back to your home country, or apply for/use a passport from that country (particularly where the state was the agent of persecution) until you receive Canadian citizenship. If you do so, you could risk losing your status in Canada.
Refugee claimants who have received permanent resident status should apply for citizenship as soon as they are eligible.

 

[adam2681976]

Thank you,

is there anything i can do eight now to see if the officer opened and started the procedures to revoke my PR ?

thanks

 

[gosia]

yes in this case, what happens

 

[torontonian2003]

Thank you,

is there anything i can do eight now to see if the officer opened and started the procedures to revoke my PR ?

thanks

Better get counsel as I've mentioned earlier.
You may need to ask around with some organizations dealing with refugees:
https://ccrweb.ca/en/links#zoom=3&lat=52.26816&lon=-96.50391&layers=BT

 

[frankwhyte22]

Thank you,

is there anything i can do eight now to see if the officer opened and started the procedures to revoke my PR ?

thanks

How did this turn out ? Please share your experience

 

[fd said]

I know the lows about that .. but every low should have exception. I only need few days to see my mother and back.
It’s unfair Especially there’s a many different reasons for seeking a protection. It’s not all about the danger of living in specific regions. Many countries are not suitable for living because of lack of health care or education or maybe because of human rights. It’s not all about killing or war .. for me the reason of seeking refugee was because I have little kids that’s can’t stand the circumstances of living in my country.