Need advice - Re entry to Canada after refugee claim

[scylla]

I think this statement in your first post covers what is going on. Just an opinion, but my gut feeling is that it will be extremely difficult for you to obtain a TRV in the future to return to Canada. Once you are here, there really isn't anything to prevent you from claiming refugee status again ( being approved is a different matter). As you have demonstrated a willingness to do this in the past, I suspect it will impact any effort (other than through regular means to obtain a PR) to return. Even if there was an exclusion order, completing it doesn't mean they have to let you return.

I agree with the above unfortunately. I think it will be very difficult to get another TRV or study permit approved.

 

[shaheersinn]

I think this statement in your first post covers what is going on. Just an opinion, but my gut feeling is that it will be extremely difficult for you to obtain a TRV in the future to return to Canada. Once you are here, there really isn't anything to prevent you from claiming refugee status again ( being approved is a different matter). As you have demonstrated a willingness to do this in the past, I suspect it will impact any effort (other than through regular means to obtain a PR) to return. Even if there was an exclusion order, completing it doesn't mean they have to let you return.

This is so discouraging. I wanted to follow rules and go according to the law. I did all this on what was told to me by a CBSA officer. I cant believe that even CBSA officers can be deceptive and lie to you. Instead I should have made an appeal and stayed there. My career and life has been completely overturned just because of one dishonest and insincere CBSA officer. I have friends who are staying there in Canada illegally. Some married Canadians and filed for common illegally just to gain citizenship. And I decided to follow legal route and this is what Canada has rewarded me with.

These rules dont make sense to me. I did not abuse the system as I withdrew my application before my file could be put in place. I was on scholarship and was a research student. Due to this, my 8 months hard effort of research has been completely wasted. Now I'm thinking I should have gone on illegal route.. Could have appealed my removal order.. Or any other way that people resort to in these situations.

I'm completely disheartened by the treatment of CBSA with me. If you cannot guide us properly then quit doing your jobs. Dont ruin our lives for god sake.

 

[Buletruck]

Trying to be pragmatic and not inflame the situation, but this is all of your own doing. Blaming CBSA or IRCC for being dishonest is a bit like calling the kettle black. You obtained a student visa and seemed to have managed to get yourself into a program that ultimately would have allowed you to stay and apply for a PR. For whatever reason, you chose to apply for refugee protection, accepting all the conditions that came along with it, including a departure order. As a refugee claimant, you had identified it isn't safe for you to return to your home country, for whatever reason, and asked Canada for protection. You then withdraw that claim, and travel home. On face value, it seems you don't need protection after all, if you can return there.
You made these choices, no one else. You requested the withdrawal of your claim and IRCC and CBSA accommodated you. All CBSA (or IRCC) has done now is enforce the laws that are already in place. Perhaps the officer did lie, although I suspect he just neglected to inform you further of something you had already agreed to (your departure order and all that goes with it). Perhaps this is a decision made above his/her paygrade when the file is completed and you depart Canada. And I don't think it is their job to dissuade you, or anyone else, particularly in a case where someone has misrepresented themselves for a student visa, applied for protection, withdrawn and then gone back home. That doesn't sound like a genuine refugee to me. The forum and Canlii are full of similar cases that have general not gone in the favour of the plaintiff.
Sorry if I come off sounding harsh, but the reality of the situation is nothing but harsh.

 

[shaheersinn]

Who are you to decide whether I was a genuine refugee or not ? I have read all the immigration laws of Canada and I sought refugee protection only after thorough research. I knew of fake refugee cases and the consequences of being denied refugee status. I had danger to my life and I acted only when I realized the genuineness of my claim.

You are trying to judge me when you dont even know the situation. I never misrepresented myself. I was a genuine student and a genuine refugee. There is nothing wrong with that. Not according to Canadian laws. I hate when people try to judge and assert their opinions.

The CBSA officer was given training by Canadian government. She was being paid for what she was supposed to do. She was a representative of Canadian government. Before leaving, I had asked her to confirm if my student status will remain intact. She asked her supervisor and only confirming from her sources did she tell me that nothing will happen to my student status. She did not neglect to inform me about this. She even showed me email correspondence she had with her boss in Saskatchewan and Toronto about my case.

Stop trying to judge at least. Not everyone is a fake refugee case.

 

[carolbb23]

with cic,ircc they have a tough job they do imagine being there shoes and dealing with all cases and you have separate the real stories to the fake stories and who truly stay in Canada. and here comes CBSA they have a tough job enforcing the removal orders because some people do not leave willingly and also tough job at the border making sure they keep Canada safe being cic,ircc aND CBSA job is tough

 

[vensak]

Who are you to decide whether I was a genuine refugee or not ? I have read all the immigration laws of Canada and I sought refugee protection only after thorough research. I knew of fake refugee cases and the consequences of being denied refugee status. I had danger to my life and I acted only when I realized the genuineness of my claim.

You are trying to judge me when you dont even know the situation. I never misrepresented myself. I was a genuine student and a genuine refugee. There is nothing wrong with that. Not according to Canadian laws. I hate when people try to judge and assert their opinions.

The CBSA officer was given training by Canadian government. She was being paid for what she was supposed to do. She was a representative of Canadian government. Before leaving, I had asked her to confirm if my student status will remain intact. She asked her supervisor and only confirming from her sources did she tell me that nothing will happen to my student status. She did not neglect to inform me about this. She even showed me email correspondence she had with her boss in Saskatchewan and Toronto about my case.

Stop trying to judge at least. Not everyone is a fake refugee case.

1. In order to become international student you need temporary stay visa for Canada.
2. In order to get temporary stay visa / permit, you also need to claim the willingness to leave the country once they are expired.
3. Even if you get those visa, the final decision is made on the border crossing, where the officer can deny you entry if he/she suspect, that you do not meet condition (you have no intention to return for example).
4. Asking for refuge show the opposite. There you ask to stay without knowing how long because you cannot return back to your country. So that alone is rather good proof of double intentions for the future.
5. You have decided to withdraw your refugee application by yourself. With that you were more or less showing the officers that you do not want protection in Canada anymore. And you have even returned to your country. (if I understood correctly). Just the act of using your passport again on the border crossings shows, that you seek protection of your own country again (the additional purpose of your passport is, that your country shall protect you and help you in case of emergency).
6. You were said correctly, that you student status will be intact. student status is determined by your university, which only checks things like previous education and language readiness, but not the stay permit. That is why your refuge claim or withdrawal has no effect.
7. Can it have effect on any other temporary stay permits - yes it can have. Chances to get your temporary stay permit are minimum and close to 0. The good news is, that you can still try for permanent resident program (there you actions do not contradict with what you want to achieve - stay permanently in Canada)
8. Saying how you know people that did illegal border crossing and then used loopholes in the system, will not somehow change or improve your situation.

Anyway you can still check with a rather good lawyer regarding your situation and you can still try to apply for temporary visa. good luck there.

 

[Rob_TO]

I was a genuine student and a genuine refugee.

I think this is the main problem. If you were in fact a genuine refugee at the time, then it is very hard to explain why the reason for you claiming refugee status in the first place has now completely 100% disappeared.

Someone at CBSA or IRCC further analyzed your case, and determined you would be a risk to claim refugee status again when you came back to Canada.

 

[carolbb23]

I think this is the main problem. If you were in fact a genuine refugee at the time, then it is very hard to explain why the reason for you claiming refugee status in the first place has now completely 100% disappeared.

Someone at CBSA or IRCC further analyzed your case, and determined you would be a risk to claim refugee status again when you came back to Canada.

there is more to the story and I maybe wrong hes excluded from Canada for 5 years right

 

[shaheersinn]

I think this is the main problem. If you were in fact a genuine refugee at the time, then it is very hard to explain why the reason for you claiming refugee status in the first place has now completely 100% disappeared.

Someone at CBSA or IRCC further analyzed your case, and determined you would be a risk to claim refugee status again when you came back to Canada.

The reason why I withdrew my refugee claim was due to my mom's sickness. She had a severe heart attack and since I am the eldest son, I had to run back home to see her. My younger brother was a victim of terrorism and I'm the only son in my family now. Since I could not do so until I withdrew my application, I decided to forego my refugee claim. Personally for me, family is above anything. The situation and risk to my life has not changed but I have no other option either.

I returned to my country on the orders of CBSA. As I had explained before, I was told this was the legal thing to do. I was assured I can come back anytime as my permit and TRV will remain intact. I still remember the words of officer who told me I can come back in a week.

 

[Rob_TO]

The reason why I withdrew my refugee claim was due to my mom's sickness. She had a severe heart attack and since I am the eldest son, I had to run back home to see her. My younger brother was a victim of terrorism and I'm the only son in my family now. Since I could not do so until I withdrew my application, I decided to forego my refugee claim. Personally for me, family is above anything. The situation and risk to my life has not changed but I have no other option either.

I returned to my country on the orders of CBSA. As I had explained before, I was told this is the legal thing to do. I was assured I can come back anytime as my permit and TRV will remain intact. I still remember the words of officer who told me I can come back in a week.

So the reason for claiming refugee status has not gone away at all. Therefore it is incredibly likely (according to IRCC/CBSA) that you will just claim refugee status again next time you enter Canada.

The CBSA officer you spoke to was probably right to the best of her knowledge at the time. Most likely there was someone else after her that reviewed your file, and made the decision to cancel your TRV. She would have had no way to know this was going to happen.

 

[Rob_TO]

there is more to the story and I maybe wrong hes excluded from Canada for 5 years right

No, as he fully complied with the removal order.

He is free to apply for a new TRV at any time, although with the initial refugee claim on record this will be extremely difficult if not impossible.

However if he later qualifies to apply for PR (like through express entry), there would be no barrier to this.

 

[carolbb23]

So the reason for claiming refugee status has not gone away at all. Therefore it is incredibly likely (according to IRCC/CBSA) that you will just claim refugee status again next time you enter Canada.

The CBSA officer you spoke to was probably right to the best of her knowledge at the time. Most likely there was someone else after her that reviewed your file, and made the decision to cancel your TRV. She would have had no way to know this was going to happen.

like every job there is pressure

 

[carolbb23]

No, as he fully complied with the removal order.

He is free to apply for a new TRV at any time, although with the initial refugee claim on record this will be extremely difficult if not impossible.

However if he later qualifies to apply for PR (like through express entry), there would be no barrier to this.

why did they not allowed to board the plane I guess it flagged on the system

 

[Rob_TO]

why did they not allowed to board the plane I guess it flagged on the system

His TRV was cancelled.

 

[scylla]

His TRV was cancelled.

Agreed. TRV was no longer valid and had been cancelled. Only option at this point is to reapply for a new TRV.