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Guidance Needed on Citizenship Application Prohibition Questions

spect98

Newbie
Feb 5, 2024
1
0
Hello everyone,

I am finalizing my citizenship application and need some advice regarding the prohibition questions due to the specifics of my refugee claim.

Here are the questions I am uncertain about:

"Are you now charged with, on trial for, subject to or a party to an appeal relating to an offense under the Citizenship Act or an indictable offense in Canada?"
"Are you now charged with, on trial for, subject to or a party to an appeal relating to an offense outside Canada?"

The essence of my refugee claim is that we were politically active against our home country's government, leading to us being convicted in absentia for political crimes. These convictions include imprisonment and corporal punishment. Our refugee claim has been accepted in Canada under the Convention Refugees pursuant to Section 96 of IRPA.

With this background, would I need to answer 'Yes' to any of the above questions? I'm particularly unsure about how an in absentia conviction is considered in relation to these questions.

Any guidance or similar experiences would be greatly appreciated!

Thank you in advance.
 

Seym

Champion Member
Nov 6, 2017
1,776
879
A very similar issue to yours happened recently to a russian applicant, convicted in absentia for her critic of the ongoing war with Ukraine.
https://www.cbc.ca/news/canada/ottawa/immigration-rules-that-jeopardized-russian-activist-s-citizenship-bid-need-fixing-experts-say-1.7069866

It literally took some public shaming of IRCC for that person to be granted citizenship, but a bogus condemnation did threaten her application, and that's a risk than any applicant in this situation can face.
It would probably be wise to consult with a lawyer.