Refugee status cessation and PRs applying for citizenship

[dpenabill]

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.

This is Lawyer-Up Time.

Speaking "briefly" with a lawyer is NOT enough. Better than getting advice here but still NOT enough.

I am extremely hesitant to suggest anything other than obtaining the best legal counsel you can BEFORE you push IRCC to take action.

Note that perhaps only a year ago, but at least a couple years ago, I'd likely have said something optimistic about only rarely seeing cessation proceedings based on one brief trip to the home country to visit an ill parent that did not somewhat soon result in being involved in a cessation proceeding. But in the last year, and even more so in the last few months, there have been numerous cases in which the Federal Courts have upheld cessation against PR-refugees who only traveled once to the home country.

No one here, including me, can reliably say how much risk there is of losing your status in Canada. There is at least a significant risk. It could be a high risk.

There might be very little a lawyer can do at this time other than waiting for CBSA/IRCC to make its next move. Should be obvious that it would not be a good idea to provoke CBSA/IRCC to formally begin cessation proceedings.

But in any event, you need to find a good lawyer, a lawyer you can trust, and work with that lawyer in making decisions about what to do and when to do it . . . this means getting a lawyer you trust BEFORE you take any further action with CBSA or IRCC.

Note: it is the trip to the home country that looms large, that is problematic, that and using the passport for this trip. If you had only gotten the passport and only used it in Canada for identification, the likelihood of a problem would be very low. But the travel to the home country is what causes you to be at risk. Do not just see a lawyer, but get a good lawyer to represent you.

 

[Gill$&@]

This is Lawyer-Up Time.

Speaking "briefly" with a lawyer is NOT enough. Better than getting advice here but still NOT enough.

I am extremely hesitant to suggest anything other than obtaining the best legal counsel you can BEFORE you push IRCC to take action.

Note that perhaps only a year ago, but at least a couple years ago, I'd likely have said something optimistic about only rarely seeing cessation proceedings based on one brief trip to the home country to visit an ill parent that did not somewhat soon result in being involved in a cessation proceeding. But in the last year, and even more so in the last few months, there have been numerous cases in which the Federal Courts have upheld cessation against PR-refugees who only traveled once to the home country.

No one here, including me, can reliably say how much risk there is of losing your status in Canada. There is at least a significant risk. It could be a high risk.

There might be very little a lawyer can do at this time other than waiting for CBSA/IRCC to make its next move. Should be obvious that it would not be a good idea to provoke CBSA/IRCC to formally begin cessation proceedings.

But in any event, you need to find a good lawyer, a lawyer you can trust, and work with that lawyer in making decisions about what to do and when to do it . . . this means getting a lawyer you trust BEFORE you take any further action with CBSA or IRCC.

Note: it is the trip to the home country that looms large, that is problematic, that and using the passport for this trip. If you had only gotten the passport and only used it in Canada for identification, the likelihood of a problem would be very low. But the travel to the home country is what causes you to be at risk. Do not just see a lawyer, but get a good lawyer to represent you.
[/QUOT

 

[Gill$&@]

Hi i lost my pr card through refugee cessation after that i got inland spousal sponsorship and yesterday i received my new pr card can I able to visit back home without any trouble?

 

[Lovmena]

thank you so much for your input…. I’ll do my research and find a good lawyer to consult…

This is Lawyer-Up Time.

Speaking "briefly" with a lawyer is NOT enough. Better than getting advice here but still NOT enough.

I am extremely hesitant to suggest anything other than obtaining the best legal counsel you can BEFORE you push IRCC to take action.

Note that perhaps only a year ago, but at least a couple years ago, I'd likely have said something optimistic about only rarely seeing cessation proceedings based on one brief trip to the home country to visit an ill parent that did not somewhat soon result in being involved in a cessation proceeding. But in the last year, and even more so in the last few months, there have been numerous cases in which the Federal Courts have upheld cessation against PR-refugees who only traveled once to the home country.

No one here, including me, can reliably say how much risk there is of losing your status in Canada. There is at least a significant risk. It could be a high risk.

There might be very little a lawyer can do at this time other than waiting for CBSA/IRCC to make its next move. Should be obvious that it would not be a good idea to provoke CBSA/IRCC to formally begin cessation proceedings.

But in any event, you need to find a good lawyer, a lawyer you can trust, and work with that lawyer in making decisions about what to do and when to do it . . . this means getting a lawyer you trust BEFORE you take any further action with CBSA or IRCC.

Note: it is the trip to the home country that looms large, that is problematic, that and using the passport for this trip. If you had only gotten the passport and only used it in Canada for identification, the likelihood of a problem would be very low. But the travel to the home country is what causes you to be at risk. Do not just see a lawyer, but get a good lawyer to represent you.

 

[dpenabill]

Hi i lost my pr card through refugee cessation after that i got inland spousal sponsorship and yesterday i received my new pr card can I able to visit back home without any trouble?

If you obtained your current PR status legitimately and not as a refugee or protected person, travel to your home country should not risk cessation proceedings.

BUT if you had a lawyer assisting you through that process, that is who would be a far better source.

As I recently observed, the post-cessation scenario is a big, big subject with lots of tangents, a labyrinth of nuances, and tangled in technicalities. What you describe suggests you know more about that than what I have seen shared here. Personally I have only perused a bit of the post-cessation scene, just enough to see that the options are limited and the potential outcomes can be very severe. It appears you have navigated the post-cessation process sufficiently to again obtain status in Canada. And again, if you have done this legitimately your status in Canada should be secure, no restrictions on travel to the home country (other than the PR Residency Obligation of course).

Whether it is safe to go to your home country, whether you can travel there "without any trouble," depends more on conditions in the country you travel to.