Protected person spouse in Canada.

[Djtee]

Hello everyone,

I would like some clarification about my case as I am abit confused and don’t know what to do.

I came to Canada with my wife and we both filed a refugee claim unfortunately our claim was denied at first hearing. At the appeal my wife was considered a convention refugee and I was not considered a refugee and was asked to go back to my home country.
I filed a judicial reveiw at federal court and was denied again. At this point we already submitted my wife’s PR application in March 2018. In May 2019 we both got our PR on the same day. I got my PR as a dependant to my wife.

My question now is “Am I still considered a refugee (knowing well my claim was denied and dismissed) and is there a risk for me if I travel back to my home country?.

 

[canuck78]

Hello everyone,

I would like some clarification about my case as I am abit confused and don’t know what to do.

I came to Canada with my wife and we both filed a refugee claim unfortunately our claim was denied at first hearing. At the appeal my wife was considered a convention refugee and I was not considered a refugee and was asked to go back to my home country.
I filed a judicial reveiw at federal court and was denied again. At this point we already submitted my wife’s PR application in March 2018. In May 2019 we both got our PR on the same day. I got my PR as a dependant to my wife.

My question now is “Am I still considered a refugee (knowing well my claim was denied and dismissed) and is there a risk for me if I travel back to my home country?.

No you are no considered a protected person.

You can anticipate a negative reaction from many if people discover you travelled home after you just filed for asylum, appealed and filed a judicial review.

 

[Djtee]

Thanks for your reply.

But who are the people you are referring to in your comment? CBSA or Immigration ?

 

[zardoz]

Thanks for your reply.

But who are the people you are referring to in your comment? CBSA or Immigration ?

People on the forum. It indicates that your asylum claim may have been bogus, on the basis that you are happy to return to your country of citizenship so soon.

 

[Djtee]

People on the forum. It indicates that your asylum claim may have been bogus, on the basis that you are happy to return to your country of citizenship so soon.

It’s not that I’m not planning to go back to my country so soon just want to know if I’m in the position of applying for a travel document in Canada or traveling using my country of origin’s passport to other countries.
I’ve read a lot referring to cessation of status and also want to be sure of any risk am I be at traveling using my country passport.

 

[zardoz]

It’s not that I’m not planning to go back to my country so soon just want to know if I’m in the position of applying for a travel document in Canada or traveling using my country of origin’s passport to other countries.
I’ve read a lot referring to cessation of status and also want to be sure of any risk am I be at traveling using my country passport.

Legally, you are not at risk using your national passport. If you have been denied protected person / convention refugee status, why would Canada issue you a travel document?

 

[danjay]

Under OHIP you are considered a protected person (this is a good thing) you do not have to wait 3 months for your OHIP benefits to kick in. U are eligible for OHIP benefits the day you land in Canada