Need advice - Re entry to Canada after refugee claim

[shaheersinn]

I had applied for a refugee claim in Canada whilst I was a student on a study permit. I withdrew my application a couple of weeks ago. I was issued a removal order following withdrawal of my application. I voluntarily left and was given a Certificate of Departure at Toronto Airport.

I'm planning to return in few weeks to Canada to resume my studies. I have a valid study permit and TRV. However, I'm afraid that I will be questioned by Immigration officer at Toronto and there is a high possibility I will be returned back since I have already shown my intentions of permanently settling in Canada after completion of my studies. Can you guys help me on how to convince IO that I only want to continue my studies ? What are the documents that I should take with myself ?

Please suggest.

 

[scylla]

What evidence do you have of ties to your home country?

What has changed in your home country that makes the refugee claim unnecessary? It's possible the CBSA officer could ask you to demonstrate or explain what has changed since you claimed refugee status.

What kind of removal order was issued? Departure, exclusion or deportation? Which IMM number?

 

[Rob_TO]

Wouldn't a removal order automatically make any TRV or study permits obtained prior to the order, invalid or cancelled?

 

[shaheersinn]

Wouldn't a removal order automatically make any TRV or study permits obtained prior to the order, invalid or cancelled?

No. It does not. Unless its a Deportation Order.

 

[carolbb23]

Wouldn't a removal order automatically make any TRV or study permits obtained prior to the order, invalid or cancelled?

I think so because it's on the data base with CBSA plus with cic

 

[shaheersinn]

I think so because it's on the data base with CBSA plus with cic

Well.. If it was so, they should have stamped my passport or mentioned to me that my TRV has been revoked. The CBSA officer told me that I can come back provided that I convince the IO at airport. I have not broken any law and left within 30 days. I have a valid study permit and I have already registered for summer courses. I only intend to complete my studies and come back home as soon as I can to take care of my mother. Thats why I'm concerned as to how will I convince the immigration officer.

 

[shaheersinn]

What evidence do you have of ties to your home country?

What has changed in your home country that makes the refugee claim unnecessary? It's possible the CBSA officer could ask you to demonstrate or explain what has changed since you claimed refugee status.

What kind of removal order was issued? Departure, exclusion or deportation? Which IMM number?

Thanks scylla for your reply. I was issued a Departure order. I will try to come up with answers to above mentioned questions.

 

[scylla]

Thanks scylla for your reply. I was issued a Departure order. I will try to come up with answers to above mentioned questions.

That's good - so at least you don't need an ARC.

 

[Rob_TO]

Thats why I'm concerned as to how will I convince the immigration officer.

If the study permit is indeed sill valid, that in itself does not guarantee you re-entry. This will be entirely at the discretion of the CBSA officer you encounter.

You will need to convince them the reason for the previous removal order is no longer present, so in other words you intend to stay temporarily only, and will not try to stay in Canada beyond the validity of your study permit. They will probably be interested in exactly why you applied for refugee status in the first place, and what has changed since then for you no longer require Canada's protection.

I would bring with you as many strong ties to your home country as possible, to convince them you have a reason to return. Simply showing you have school to attend, may not be enough.

 

[shaheersinn]

If the study permit is indeed sill valid, that in itself does not guarantee you re-entry. This will be entirely at the discretion of the CBSA officer you encounter.

You will need to convince them the reason for the previous removal order is no longer present, so in other words you intend to stay temporarily only, and will not try to stay in Canada beyond the validity of your study permit. They will probably be interested in exactly why you applied for refugee status in the first place, and what has changed since then for you no longer require Canada's protection.

I would bring with you as many strong ties to your home country as possible, to convince them you have a reason to return. Simply showing you have school to attend, may not be enough.

True. What documents do you think can prove strong ties to country in my case ? I have following documents up til now:

• Official confirmation of enrollment in university
• Transcripts
• Letter from my supervisor
• Certificate of Departure
• Boarding passes I used to exit
• Transcripts
• Family certificate

 

[shaheersinn]

Wouldn't a removal order automatically make any TRV or study permits obtained prior to the order, invalid or cancelled?

Hi there ! Yesterday I was going to Canada through Turkish Airlines when I was stopped at Istanbul Airport. I was not allowed to board the flight that was headed to Toronto as they told me CBSA had ordered them not to allow me to board. I'm very confused at why this has happened. Before leaving, my CBSA removal officer had told me that I can come back any time as my study permit is valid.

Please help me..

 

[scylla]

Did you leave Canada within 30 days of the date on the departure order you received?

 

[shaheersinn]

Did you leave Canada within 30 days of the date on the departure order you received?

Yes scylla. I did. I still have boarding passes and Certificate of Departure with me to prove this.

I was told that my study permit or TRV will not get affected if I left within 30 days time. Then why this has happened to me ?

Does this mean I have to reapply for a TRV ?

 

[scylla]

Sorry - I don't know. Maybe your TRV / study permit was in fact canceled. Just because one CBSA officer told you they wouldn't be doesn't guarantee they weren't in fact canceled.

 

[Buletruck]

I'm afraid that I will be questioned by Immigration officer at Toronto and there is a high possibility I will be returned back since I have already shown my intentions of permanently settling in Canada after completion of my studies.

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.