The federal court of appeal set 16 March as a date for Bermudez case they should also answer this certified question: Does the CBSA hearings officer, or the hearings officer as the Minister’s delegate, have the discretion to consider factors other than those set out in s. 108(1), including H&C considerations and the best interests of a child, when deciding whether to make a cessation application pursuant to s. 108(2) in respect of a permanent resident?.. Let's hope for the best for all those who are waiting!!
Refugee status cessation and PRs applying for citizenship
- Thread starter dpenabill
- Start date
Canadiandesi2006
Champion Member
- Mar 6, 2014
- 41
- Visa Office......
- Scarborough, Toronto
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Oct 2015 (Re-applied)
I really feel sorry to hear about your situation, one side its your parents and other side is your citizenship file.Emily12345 said:Hi I have the same worry.
i sumbit my citizen application on June 3 by Canada post.the cic received it by June 05, since then i didn't hear any respond.I didn't receive Aor.
I m pr with refugee status, 2 yrs ago,my father experienced heart attack back home.I searched online,it's said go back to mother country for a short visit is resonable.as long as keep it shorter than one month.
I certainly understand it has risk.i went to the embassy apply a new passport.planing pay a visit to my dad.but thing happens too quick.when I get the passport.my dad ' surgery has been done successfully.so i didn't Travle back to my home country.
But I was using the passport grab the US visa and Travle to Cuba once.
I was not aware of the cessation due to the applying passport since i start preparing the citizenship application this feb.Acutually there is no related and official article explaining it well before .When I claimed as refugee. I had been told the passport would be back to me when i became to a Pr by my case manager.but the date becoming pr,i kept asking the officer where is the passport.they simply answered "I don't know,call cic call center".I also called the cic.they told me they have no idea.I also received a letter regarding to seized passport.i fax the seized form i had 5 years ago and get no respond.
Before I sent the application out,I met the settlement worker on march 2015,they told me do not worry about the citizenship application leads to cessation,I have also been told it's not necessary to hire a Lawer unless you like to waste money.they have helped a lot of people who has the same situation filled up the application form in their office,none of them are rejected.a lot of them Travle back to their homeland.as long as the visit is medical reason and you can prove it.
Unfortunately,I didn't receive any Respond from Cic,I check the excel sheet everyday.i saw most of the status turn green which gets me streesed.
I can't stop thinking if i get deported.the life i build up here from the past 5 year is ruined.I do have fear go back my mother country, but I also wanna visit my dying grandma and sick Parant who can't take airplane.so crazy. Who can tell me what can i do? So sad,so worry.
But back to the reality,the worry and the anxious are useless,there is no direct answer untill i cross the bridge.
I know a lot of people hates refugee,most of them think refugee could have the welfare from the govement easily.they don't work and they are lazy.I knew some of them did this,but i also believe there are a lot of refugee appreciate the kindness from the canda gorvement who will never abuse this system. Like me,i only apply welfare for 2.5 month before I had my working visa.When I need help,the Canada gorvement helps me,I don't wanna make her dispointed.I believe a lot of refugee also feel the same.A chance is deserved.
In the past five year,since i worked so hard,i Learnt a lot thing about Canada.
Canadian is also human being,as human nature,they always use their own way to seek the shortcut to the success.except the welfare, there is a lot of benifit the Canadian shares in commen.EI,insurance benifit,low income family benifit,Odsp.To save some tax or money,people always can find a loophole to filled them in. I don't think people has a elegant Pr status are better than refugee.Stop hating.
English is not my first language,and Its my first time express myself in a forum like this.pleae
Forgive my grammar and spelling.i remembered years ago when i post some question on some immigration forum in my mother language here.i have never had a chance to get a answer except insult.
This time I just expect people has the same worry as me who read this could feel some connection.
Consider legal opinion, possibly there may be some way to get permission from CIC or Federal court to visit your parents.
In USA, there is something call "Advance Parole" which Court grants to people on asylum status to visit their home country.
Any updates from people who applied to citizenship recently and visited their home country or renewed their home country passport before applying for citizenship?.. I did both actions renewed my passport and visited home country, I should apply for citizenship soon but it just going so stressful.. my lawyer sees that I have strong case to present in case of any cessation proceeding from the government but I am still tooooooo worried.. if any one can share useful information from recent cases that got citizenship or had cessation issues please let me know please please.. thanks a lot.
Hi
1. Go to the Federal Court Site: http://decisions.fct-cf.gc.ca/fc-cf/en/nav.do and search on the work cessation.beko9812 said:Any updates from people who applied to citizenship recently and visited their home country or renewed their home country passport before applying for citizenship?.. I did both actions renewed my passport and visited home country, I should apply for citizenship soon but it just going so stressful.. my lawyer sees that I have strong case to present in case of any cessation proceeding from the government but I am still tooooooo worried.. if any one can share useful information from recent cases that got citizenship or had cessation issues please let me know please please.. thanks a lot.
Thanks PMM, I checked that one but it lists only old cases from early last year or 2013 and 2014, since we had change in the government and may be change in the policies as well I need to know feedback from people about recent cases like late 2015 or 2016 if anyone would like to provide feedback.. thanks again.
What does this debates in the parliament mean?:
Jenny Kwan Vancouver East, BC
Mr. Speaker, Mr. Al-Obeidi, a citizen of Iraq and former political prisoner of Saddam Hussein, managed to escape and became a government-sponsored refugee in 2002. He landed in Canada in 2007. Ten years after he fled, Saddam Hussein is no longer a threat. He travelled back to visit his family and to get married. In 2012, cessation provisions became law and now the government wants to take away his permanent resident status. This law makes no sense.
Will the minister repeal the cessation provisions in Bill C-31?
John McCallum Minister of Immigration
Mr. Speaker, there is some sense in these laws applied in certain ways, but on the whole I would agree that this is part of the long legacy of things inherited from the previous government that must be reviewed and quite likely changed.
I have sympathy with the point expressed by the hon. member. I can assure her that we will review these provisions with a view to improving them in the future.
Jenny Kwan Vancouver East, BC
Mr. Speaker, Mr. Al-Obeidi, a citizen of Iraq and former political prisoner of Saddam Hussein, managed to escape and became a government-sponsored refugee in 2002. He landed in Canada in 2007. Ten years after he fled, Saddam Hussein is no longer a threat. He travelled back to visit his family and to get married. In 2012, cessation provisions became law and now the government wants to take away his permanent resident status. This law makes no sense.
Will the minister repeal the cessation provisions in Bill C-31?
John McCallum Minister of Immigration
Mr. Speaker, there is some sense in these laws applied in certain ways, but on the whole I would agree that this is part of the long legacy of things inherited from the previous government that must be reviewed and quite likely changed.
I have sympathy with the point expressed by the hon. member. I can assure her that we will review these provisions with a view to improving them in the future.
sopranotb said:What does this debates in the parliament mean?:
Jenny Kwan Vancouver East, BC
Mr. Speaker, Mr. Al-Obeidi, a citizen of Iraq and former political prisoner of Saddam Hussein, managed to escape and became a government-sponsored refugee in 2002. He landed in Canada in 2007. Ten years after he fled, Saddam Hussein is no longer a threat. He travelled back to visit his family and to get married. In 2012, cessation provisions became law and now the government wants to take away his permanent resident status. This law makes no sense.
Will the minister repeal the cessation provisions in Bill C-31?
John McCallum Minister of Immigration
Mr. Speaker, there is some sense in these laws applied in certain ways, but on the whole I would agree that this is part of the long legacy of things inherited from the previous government that must be reviewed and quite likely changed.
I have sympathy with the point expressed by the hon. member. I can assure her that we will review these provisions with a view to improving them in the future.
I cannot say what Minister McCallum means or intends. I cannot forecast how IRCC will approach these situations going forward.
My guess, however, is that there may be reduced zealousness in pursuing cessation actions even if there is no overt changes to the law. As I understand the law, the Minister has discretion whether to pursue the cessation of refugee status. This, as roughly as I can describe what I think this is, would be comparable to the discretion law enforcement has in deciding whether to enforce certain laws. Take highway speed limits for example: I cannot begin to count the times I have passed a law enforcement officer while I was traveling well over the speed limit but was not stopped, let alone ticketed. At the other end of the spectrum, law enforcement has no discretion to not enforce homicides.
Discretion for enforcing the cessation provisions in IRPA is probably somewhere in between.
In contrast, when Kenney and then Alexander were at the helm of CIC, apparently there was an ardent if not impassioned agenda to identify citizenship applicants who were PRs via refugee status and who could have their protected status terminated. I cannot say for sure this has been tempered or reduced under McCallum's watch, but my guess is that is likely or at least is somewhat more likely going forward. My sense is that there will be at least more sensitivity employed, and that the law will not be applied as brutally indifferent as it seemed it was on Kenney and Alexander' watch.
No idea what this would mean for any case already involved in the cessation process.
I also had refugee status and I applied for Citizenship.Here is my timeline,
Applied 5 May 2015
AOR 10 August 2015
In Process 28 September 2015
Test/Interview Mississauga 18 April 2016
I appeared for interview only as I was over 55 and she checked my documents.She started looking at my file and said you being refugee went back to your country.I told I went to see my sick mother,she is 98 years old and no body is there to look after her and i did not stay long only 4 weeks.Last time it was February 2014.She looked all pages of my passport and also one I renewed in 2015 from my embassy in Canada.She checked all my pages of new passport and asked me did I travel on this?I said no.Actually i had one Visa of PRC on it but I did not travel.
I have seen discussion on this forum and read views of very able and experienced persons like dpenabill who contribute here.I can really imagine worries of persons like Emily and I wish every one get through this final process of getting Citizenship.
So I now wait and see how CIC is going to treat me.Good Luck for every one.
Applied 5 May 2015
AOR 10 August 2015
In Process 28 September 2015
Test/Interview Mississauga 18 April 2016
I appeared for interview only as I was over 55 and she checked my documents.She started looking at my file and said you being refugee went back to your country.I told I went to see my sick mother,she is 98 years old and no body is there to look after her and i did not stay long only 4 weeks.Last time it was February 2014.She looked all pages of my passport and also one I renewed in 2015 from my embassy in Canada.She checked all my pages of new passport and asked me did I travel on this?I said no.Actually i had one Visa of PRC on it but I did not travel.
I have seen discussion on this forum and read views of very able and experienced persons like dpenabill who contribute here.I can really imagine worries of persons like Emily and I wish every one get through this final process of getting Citizenship.
So I now wait and see how CIC is going to treat me.Good Luck for every one.
Thank you for your report. I am guessing no one ever cautioned or clearly explained to you the risks of obtaining a passport. I do not understand why there is such lack of communication, especially for those who are here precisely because of the danger they face back home. I hope all goes well and that you keep us informed.shahbj said:I also had refugee status and I applied for Citizenship.Here is my timeline,
Applied 5 May 2015
AOR 10 August 2015
In Process 28 September 2015
Test/Interview Mississauga 18 April 2016
I appeared for interview only as I was over 55 and she checked my documents.She started looking at my file and said you being refugee went back to your country.I told I went to see my sick mother,she is 98 years old and no body is there to look after her and i did not stay long only 4 weeks.Last time it was February 2014.She looked all pages of my passport and also one I renewed in 2015 from my embassy in Canada.She checked all my pages of new passport and asked me did I travel on this?I said no.Actually i had one Visa of PRC on it but I did not travel.
I have seen discussion on this forum and read views of very able and experienced persons like dpenabill who contribute here.I can really imagine worries of persons like Emily and I wish every one get through this final process of getting Citizenship.
So I now wait and see how CIC is going to treat me.Good Luck for every one.
While the lack of use for travel (especially to home country) may have saved you under the Conservatives (obtaining home country passport is only evidence of re-availment, not in itself necessarily constituting re-availment), my sense is your odds are much improved with the Liberals now in power. Good luck and again please let us know how things go.
This does look promising.
And while just guessing, I am indeed guessing that there has been a shift in how IRCC looks (as in now perhaps not looking all that much) at this now compared to how CIC approached these when Jason Kenney and Chris Alexander were at the helm of CIC.
And if so, that may or may not be a political decision; it might be a practical response based on the interpretation of law. There have been some court challenges which essentially argued (and I think at least one Federal Court justice agreed, while in some other cases the question has been certified for further appeal) that it was a breach of fair procedure to suspend or delay processing a citizenship application while CIC (as it was named when these cases arose) referred the refugee-PR to CBSA for review (into whether to commence cessation proceedings). Under new leadership it is feasible that IRCC has responded to this litigation by ceasing to screen refugee-PRs for possible referral. There is, after all, no statutory or regulatory provision which supports the procedure CIC was following under Conservative leadership.
In contrast, for example, statutory provisions and regulations explicitly cover not-granting or otherwise suspending citizenship applicants if the applicant is subject to reports for inadmissibility (such as for a breach of the PR Residency Obligation). Moreover, the law also prescribes that PR status must be valid at the time of applying and continue to be valid until the oath is taken. Thus there is reason for further investigation and examination if there is evidence or indications a PR's status is not valid or the PR is inadmissible. But evidence of possible re-availment of one's home country's protection is not an indication one's PR status is not valid or that the PR is inadmissible. Sure, if CBSA conducts an investigation, concludes the PR has re-availed himself of the home country's protection, and then commences cessation proceedings, if those proceeding result in the cessation of refugee status, that automatically terminates PR status. Thus, the argument goes, unless and until CBSA proceedings are concluded, resulting in cessation of refugee status, PR status remains fully intact, fully valid, and such a person continues to be qualified for citizenship . . . so there is no legitimate cause to delay or preclude the grant of citizenship unless the individual's refugee status has actually already been terminated.
It would be nice if the government has moved in this direction as a policy (it seems like the right one to me), and if so for this to be made public. I am sure there are scores of anxious refugee-PRs applying for citizenship who have obtained their home country passport and who are now waiting to see how IRCC handles these cases. I suspect there are many who did so as the result of bad advice from not-so-competent consultants who mistakenly told refugee-PRs that all applicants for citizenship must have a valid passport to apply for citizenship.
And while just guessing, I am indeed guessing that there has been a shift in how IRCC looks (as in now perhaps not looking all that much) at this now compared to how CIC approached these when Jason Kenney and Chris Alexander were at the helm of CIC.
And if so, that may or may not be a political decision; it might be a practical response based on the interpretation of law. There have been some court challenges which essentially argued (and I think at least one Federal Court justice agreed, while in some other cases the question has been certified for further appeal) that it was a breach of fair procedure to suspend or delay processing a citizenship application while CIC (as it was named when these cases arose) referred the refugee-PR to CBSA for review (into whether to commence cessation proceedings). Under new leadership it is feasible that IRCC has responded to this litigation by ceasing to screen refugee-PRs for possible referral. There is, after all, no statutory or regulatory provision which supports the procedure CIC was following under Conservative leadership.
In contrast, for example, statutory provisions and regulations explicitly cover not-granting or otherwise suspending citizenship applicants if the applicant is subject to reports for inadmissibility (such as for a breach of the PR Residency Obligation). Moreover, the law also prescribes that PR status must be valid at the time of applying and continue to be valid until the oath is taken. Thus there is reason for further investigation and examination if there is evidence or indications a PR's status is not valid or the PR is inadmissible. But evidence of possible re-availment of one's home country's protection is not an indication one's PR status is not valid or that the PR is inadmissible. Sure, if CBSA conducts an investigation, concludes the PR has re-availed himself of the home country's protection, and then commences cessation proceedings, if those proceeding result in the cessation of refugee status, that automatically terminates PR status. Thus, the argument goes, unless and until CBSA proceedings are concluded, resulting in cessation of refugee status, PR status remains fully intact, fully valid, and such a person continues to be qualified for citizenship . . . so there is no legitimate cause to delay or preclude the grant of citizenship unless the individual's refugee status has actually already been terminated.
It would be nice if the government has moved in this direction as a policy (it seems like the right one to me), and if so for this to be made public. I am sure there are scores of anxious refugee-PRs applying for citizenship who have obtained their home country passport and who are now waiting to see how IRCC handles these cases. I suspect there are many who did so as the result of bad advice from not-so-competent consultants who mistakenly told refugee-PRs that all applicants for citizenship must have a valid passport to apply for citizenship.