Refugee status cessation and PRs applying for citizenship

[dpenabill]

Some Gnanapragasam and Charter Challenges Follow-up:

While it was just posted to the Federal Court website yesterday, and so far is still not showing up at CanII, Justice Henry S. Brown's decision/ruling itself is dated May 2, 2024.

It is currently available here: https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/525671/index.do and the citation is 2024 FC 761

The other cases in which the Charter challenges to the automatic loss of PR upon cessation are continued, and which I referenced above as IMM-5466-23 and IMM-5481-23, are:

Roman Slepcsik versus Minister of Citizenship & Immigration, Minister of Public Safety & Emergency Preparedness, and the Attorney General of Canada, which is IMM-5481-23, and​

Roman Slepcsik versus Minister of Citizenship & Immigration, which is IMM-5466-23​

I do not know why there are two cases involving Roman Slepcsik. I am posting these details so that these cases can be better followed, noting though that for me it is more difficult to follow cases based on the IMM number (but that's all I can see so far for the Slepcsik cases).

A hearing in the remaining Slepcsik cases has not yet been scheduled.

I had not seen any references to the Slepcsik cases prior to this.

Obviously, the outcome of the Charter challenges is potentially a very, very BIG DEAL for all those PR-refugees who currently have cessation cases pending and all those who have traveled to their home country and could be facing cessation investigations potentially leading to cessation proceedings.

I have NO idea what the odds are of these challenges succeeding. I do not know how it works if a Federal Court rules the automatic loss of PR provision is unconstitutional . . . recognizing that decisions by the Federal Court do not constitute binding precedent in other cases. My sense is that an appeal to the Federal Court of Appeal will be necessary to actually reach a definitive outcome for these challenges. And that will mean it will be a long while, many months, a year or more perhaps, before this actually reaches the stage there is settled law on these issues.

Some Follow-up Re Section 108(1)(e) IRPA alternative grounds for cessation:

One thing is clear: if the RPD determines that a PR-refugee's protected status is ceased based on changed conditions, that is pursuant to Section 108(1)(e) IRPA, rather than cessation on the other grounds specified in Section 108(1)(a) to Section 108(1)(d), that does not affect their status as a PR.

As noted, this was Gnanapragasam's escape.

And this is what Qin Yi Wang is seeking.

I initially did not give this aspect of Wang much attention because the decisions in Tung v. Canada, 2018 FC 1224, https://canlii.ca/t/hwgr8 and Karasu v. Canada, 2023 FC 654, https://canlii.ca/t/jx63x (both of which I have discussed in this thread before) made it seem that neither the RPD nor the Federal Courts were much if at all likely to give PR-refugees a Section 108(1)(e) way out. Even though there had been hints that the Gnanapragasam case went that route, that was not clear until this Gnanapragasam decision specifically said that was what has happened. Making it look like a real possibility, at least for SOME of those PR-refugees facing cessation and loss of PR status.

NONE of this changes the caution that (at least for now) PR-refugees should NOT obtain a home country passport and NOT travel to the home country. Too much at stake. There is NO guarantee, indeed not much if any assurance, that the automatic loss of PR provision will be invalidated and not applied.

​

 

[EchoPulse]

Hello everyone,

I received my refugee status in 2021 and subsequently got my PR in 2022. Immediately after receiving my PR, I applied for a travel document, which I finally received in August 2023 after multiple follow-ups. During this period, I also requested the return of my passport from IRCC, which they agreed to after six months. I renewed this passport not for travel purposes but as identification for a divorce case in my home country, as required by my lawyer for verification since I couldn't travel back. Since arriving in Canada, I have never travelled outside the country.

I am now preparing to apply for citizenship. Should I mention the renewal of my passport in my citizenship application? Could this create any issues for me?

 

[dpenabill]

Hello everyone,

I received my refugee status in 2021 and subsequently got my PR in 2022. Immediately after receiving my PR, I applied for a travel document, which I finally received in August 2023 after multiple follow-ups. During this period, I also requested the return of my passport from IRCC, which they agreed to after six months. I renewed this passport not for travel purposes but as identification for a divorce case in my home country, as required by my lawyer for verification since I couldn't travel back. Since arriving in Canada, I have never travelled outside the country.

I am now preparing to apply for citizenship. Should I mention the renewal of my passport in my citizenship application? Could this create any issues for me?

The applicant for citizenship is required to submit photocopies of ALL pages in ALL passports the applicant has which could have been used during the five year eligibility period.

Even if the passport might raise issues, the failure to disclose it would pose a greater risk of problems.

Absent use of the passport for any travel and given the reason for renewing the passport there should be NO problem, no reason for IRCC to suspect reavailment, no reason to make inquiry let alone conduct an investigation into cessation.

That said, technically just renewing the passport creates a presumption of reavailment. However, absent use of the passport for travel, and in particular absent use of the passport to travel to the home country, that presumption should be easily rebutted. So far we have not seen any cessation proceedings based on reavailment brought against a PR-refugee who did not travel to the home country, let alone no international travel at all using the passport.

It might be helpful to include a supplemental page, what some call a LoE (Letter of Explanation), explaining the purpose for renewing the passport.

BUT I am NO expert. I am NOT a Canadian lawyer. Before proceeding to make the citizenship application it might be worth spending some cash to get a paid-for consultation with a Canadian immigration lawyer.

 

[JamCan56]

Another cessation case is out:
https://www.canlii.org/en/ca/fct/doc/2024/2024fc837/2024fc837.html

 

[dpenabill]

Another cessation case is out:
https://www.canlii.org/en/ca/fct/doc/2024/2024fc837/2024fc837.html

The decision in Wiseman Hunt v. Canada (Citizenship and Immigration), 2024 FC 837 (CanLII), https://canlii.ca/t/k52hs is consistent with the more or less steady stream of other decisions upholding RPD cessation of protected status.

Here again is another RPD and Federal Court decision which acknowledges that the PR-refugee's knowledge about the consequences arising from travel to the home country MUST be considered but nonetheless upholds cessation even though the PR-refugee was not knowledgeable about the consequences. Here the RPD "assumed" Ms. Wiseman Hunt did not know of the consequences. There is nothing new about this, but the continuing incongruity suggested by how little weight appears to be given this, a factor that must be taken into consideration and which would make the decision unreasonable if not considered.

 

[yellowpepper]

This does not apply to me, asking out of curiosity. Countries are being changed for privacy. If a PR with an RTD who claimed asylum in Canada from Nigeria, travels to Benin and then enters Nigeria, can Canadian immigration find this out when they return? They will be out of Canada for approx 10 months. They did not directly fly to their country of origin in this case.

 

[yellowpepper]

The decision in Wiseman Hunt v. Canada (Citizenship and Immigration), 2024 FC 837 (CanLII), https://canlii.ca/t/k52hs is consistent with the more or less steady stream of other decisions upholding RPD cessation of protected status.

Here again is another RPD and Federal Court decision which acknowledges that the PR-refugee's knowledge about the consequences arising from travel to the home country MUST be considered but nonetheless upholds cessation even though the PR-refugee was not knowledgeable about the consequences. Here the RPD "assumed" Ms. Wiseman Hunt did not know of the consequences. There is nothing new about this, but the continuing incongruity suggested by how little weight appears to be given this, a factor that must be taken into consideration and which would make the decision unreasonable if not considered.

I have been reading up on reavailment cases extensively. If someone has truly claimed asylum because they are unsafe in their home country, why do so many travel home 5, 6 sometimes 10 times - bonus points if they stay for extended periods of time. Why not wait until you get citizenship if your life is truly in danger? Seems like there are a lot of fake asylum claims.

 

[scylla]

This does not apply to me, asking out of curiosity. Countries are being changed for privacy. If a PR with an RTD who claimed asylum in Canada from Nigeria, travels to Benin and then enters Nigeria, can Canadian immigration find this out when they return? They will be out of Canada for approx 10 months. They did not directly fly to their country of origin in this case.

Yes, they can find out.

 

[dpenabill]

Did I mention that there has been a more or less steady stream of other decisions upholding RPD cessation of protected status? Yes, above, in regards to the June 4, 2024 decision in Wiseman Hunt v. Canada (Citizenship and Immigration), 2024 FC 837, https://canlii.ca/t/k52hs

And then there was another the very next day, Justice Battista's decision in Gaziev v. Canada, 2024 FC 850, https://canlii.ca/t/k52jk

What is remarkable about the Gaziev decision is how brief if not curt it is. Totality of facts cited to justify the conclusion Gaziev reavailed home country protection are stated in just two sentences which reference the same general facts without any specific details:

Applicant reavailed himself "by returning on multiple occasions for substantial periods over a number of years, and by renewing his passport twice."​

"Applicant reavailed himself by renewing his passport twice and returning to Uzbekistan on five occasions for substantial periods."​

That's it. That's the full extent of the details. Not sure if this signals any trend. But it is worth noting that Federal Court decisions are rarely any more cursory than this one.

It is possible that Gaziev only had refugee status without PR status (the lack of detail includes the absence of procedural information), and perhaps that underlies the brevity of the court's decision. But the brevity of this five paragraph cessation decision is nonetheless remarkably stark.

 

[scylla]

Did I mention that there has been a more or less steady stream of other decisions upholding RPD cessation of protected status? Yes, above, in regards to the June 4, 2024 decision in Wiseman Hunt v. Canada (Citizenship and Immigration), 2024 FC 837, https://canlii.ca/t/k52hs

And then there was another the very next day, Justice Battista's decision in Gaziev v. Canada, 2024 FC 850, https://canlii.ca/t/k52jk

What is remarkable about the Gaziev decision is how brief if not curt it is. Totality of facts cited to justify the conclusion Gaziev reavailed home country protection are stated in just two sentences which reference the same general facts without any specific details:

Applicant reavailed himself "by returning on multiple occasions for substantial periods over a number of years, and by renewing his passport twice."​

"Applicant reavailed himself by renewing his passport twice and returning to Uzbekistan on five occasions for substantial periods."​

That's it. That's the full extent of the details. Not sure if this signals any trend. But it is worth noting that Federal Court decisions are rarely any more cursory than this one.

It is possible that Gaziev only had refugee status without PR status (the lack of detail includes the absence of procedural information), and perhaps that underlies the brevity of the court's decision. But the brevity of this five paragraph cessation decision is nonetheless remarkably stark.

I saw this and thought of you. Didn't have a chance to post yet. Kind of fascinating.

 

[Rays1080]

I've also been following this thread for about two years, and it's been a great help in getting information and coping with my anxiety over a cessation case brought against me in October 2020 for traveling to my home country and renewing my passport on multiple occasions. However, I have not heard anything back from CBSA since they filed, except last year when they informed me that they had replaced the minister's counsel on my case.

I applied for my citizenship in August 2022 and had an interview in December 2023, during which nothing regarding cessation was brought up. I received my GCMS notes from IRCC, and according to the notes (with no mention of cessation), I have passed Knowledge, Language, Residence, Prohibition, and Criminality checks, but the oath ceremony has still not started. Also under the Immigration section in the notes its been marked as passed. My question would be: if CBSA filed an application for cessation in 2020, why have they still not set a hearing date?

Thank you for any input or advice. I hired one of the top immigration lawyers right away and paid the fee for a hearing, though a date has not been set. The lawyer has contacted CBSA/minister's counsel countless times to add their office to the case, but they have not responded or added them to the file. The lawyer & I have both contacted IRB & RPD on multiple occasions, and they informed us that they have no file regarding my case.

Just to give some background: I came to Canada as a minor & dependent of a family member over 30 years ago, I applied for citizenship long ago but failed due to brief legal problems at the time(young & stupid); I was not the principal applicant, and we were not inland claimants. We were convention refugees under the "Abroad Class." I had mentioned this to the RPD, and they said that might be why they don't have anything on the cessation.

Could it be a jurisdiction issue that's holding up my hearing? I appreciate everyone in this thread & the time you all take to review all these cases.

Here are some relevant cases for reference:

• Canada (Citizenship and Immigration) v. Esfand, 2015 FC 1190 (CanLII), [2016] 2 FCR 282
• Link
• Canada (Citizenship and Immigration) v. Heidari Gezik, 2015 FC 1268 (CanLII)
• Link

Hi there, any update on your case?

 

[scylla]

New cessation case: https://www.canlii.org/en/ca/fct/doc/2024/2024fc923/2024fc923.html

 

[forw.jane]

New cessation case: https://www.canlii.org/en/ca/fct/doc/2024/2024fc923/2024fc923.html

After the cessation, will the applicant face deportation to their home country?

 

[dpenabill]

New cessation case: https://www.canlii.org/en/ca/fct/doc/2024/2024fc923/2024fc923.html

This cessation decision, Shah v. Canada, 2024 FC 923, https://canlii.ca/t/k59gw is just one more in what, again, is a more or less steady stream of decisions upholding RPD cessation of protected status.

Another recent decision, for example, is the Justice Zinn decision, June 12, 2024, in Zhou v. Canada, 2024 FC 895, https://canlii.ca/t/k56dh

And yet another is another Justice Zinn decision, June 10th, in Caine v. Canada, 2024 FC 866, https://canlii.ca/t/k59gk

ALL THREE of these cases deal with a single return to the home country. They involve individuals who obtained their PR status and traveled on home country passports well after the transition from Harper's Conservative government to Trudeau's Liberal government.

Thus, there seems to be no doubt about the government's approach to prosecute cessation for PR-refugees who travel to their home country.

We have, as yet, to see what will happen next in the litigation challenging the constitutionality of the automatic termination of PR status upon a cessation determination, but these cases suggest the government is proceeding as if there is little reason to apprehend that challenge will succeed (which unfortunately means little hope for many).

After the cessation, will the applicant face deportation to their home country?

Yes, former PRs like any other Foreign National in Canada without either temporary resident or protected person status "face deportation." Moreover, they are also inadmissible, so there are very limited options for avoiding removal or applying to obtain status to remain or reside in Canada either permanently or temporarily.

This is, however, a separate subject. Inadmissibility itself is a huge subject with many tangents. The Removal process itself is likewise a big and complicated subject. And just the pre-removal processing aspect alone is a huge subject.

Probably best to address all that in a totally separate topic rather than here. Moreover, it is such a complex subject rife with nuance and technicalities, those affected really need the assistance of legal counsel unless they proceed to leave Canada or at least comply with a Removal Order when one is issued and is enforceable.

Nonetheless, some observation about the post-cessation process:

Yes, again, former PRs like any other Foreign National in Canada without either temporary resident or protected person status "face deportation," and that is usually to that individual's home country.

However, persons in refugee-related cases, and in particular persons asserting they will be at risk, can be deported to their country of origin (meaning the country from which they made their refugee claim or the country in which they were last residing before coming to Canada), or another country that will accept them.

How and when they are actually deported, and even whether they are actually deported, is a far more complex matter with many tangents, lots of technicalities, a labyrinth of nuances, and despite legislative revisions over the years aimed at streamlining the procedures, it seems that many intent on litigating actual removal from Canada are able to physically remain in Canada without status for rather long periods of time.

Not all the procedural avenues for avoiding physical removal available to FNs in Canada are available to former PRs whose immigration to Canada was based on refugee protection which has been ceased pursuant to Section 108(1)(a) to 108(1)(d) IRPA (thus including cessation based on reavailment, the grounds for cessation in the Syed Muhammad Siddique Shah case referenced by @scylla). In particular, certain types of recourse, such as H&C applications for PR, even sponsorship by a spouse, are unavailable for certain periods of time. Thus, for example, while a FN who is IN without status in Canada, can typically remain in Canada while a sponsored spouse PR visa application is pending (an inland sponsored application), NOT so for former PRs who lost status pursuant to cessation.

Again, all that is a very complicated subject better addressed in a separate topic.

 

[Lovmena]

Hello Everyone... I just need some guidance on how to proceed with my application as there seems to be a cessation investigation on my file.
MY TIMELINE:
Feb 2016- Got a Passport from home country embassy here in Canada, this was my first ever passport, i arrived Canada without a passport. (I was 17 at the time, My lawyer asked that i get a passport as it was required for identification for my Refugee claim).
March 2016- Refugee claim was accepted (fleeing persecution from Nigeria govt due to my sexuality), my passport was never collected/seized.
Feb 2018- I Applied for a travel document (application was returned due to some errors).
June 2018- Got PR under protected person status.
June 11 2019- visited home country (stayed 44 days). Told the CBSA that i visited my sick mom, she was diagnosed with breast cancer. he let me go, did not mention anything else. Never used my home country passport again until it expired in 2021.
November 2020- Applied for Citizenship
May 31 2021- Got travel document
July 2021- Traveled with my travel document to Benin. (stayed for about 50 days). was directed to CBSA for questioning upon my return, but when i got there, he said he was not sure why i was sent to him for questioning and asked me to go. Have not left the country since then.
Sept 2021- Passed citizenship test, got an email to send pages of my passport which i did. no updates, sent several enquiries, kept being told my application was being processed...
Sept 2023- got my Renewed PR card

There has been no update on my file since 2020, sent multiple enquiries, contacted MP multiple times, sent multiple emails, called multiple times... requested for three GCMS note, two from IRCC and one for CBSA.

• The notes from IRCC-2023 showed location of my file as (GRANT Cessation), APP status- ON HOLD, Reason- Redacted.
• IRCC-2024 showed location as (GRANT) I believe some information was redacted.
• THE CBSA notes was a bit less redacted and showed a location of (GRANT-ASSESSMENT ANALYSIS-C), App status- ON HOLD, Reason- Suspended- Clearances.

I am not sure what this means. the notes kept saying "this application is suspended and non-routine". my marital status and address has not been updated even though i sent an inquiry to update my file months ago. I spoke briefly with a lawyer who has suggested that i wait it out and should not force the hand of IRCC, but i am not sure if that is the right thing to do as i would like a decision made on my application, this has really affected my mental health tremendously. Should i contact a different lawyer to file a mandamus? or truly wait it out? would this be giving them the time they need to build a stronger case against me?
should i send a LOE via email explaining why i had travel to visit my mom, and that i had no intention of re-availment even though i knew i should not have returned but the circumstances were dire... and add that I still very much fear persecution in my home country as a bisexual woman and have been married to a same sex partner for over a year now and would be persecuted if i was to loose my PR status and face deportation back to Nigeria? plus, i applied for a passport as a minor and my intentions at the time of application was solely to have a form of identification during my refugee claim... so many thoughts, I fear i might unwillingly admit to wrong doing and re-availment if I submit an LOE leaving me with less options if they do decide to go ahead with the cessation.