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Refugee status cessation and PRs applying for citizenship

dpenabill

VIP Member
Apr 2, 2010
6,376
3,124
Hi @dpenabill,

Thank you for your informative input. I have been following this thread for a while now and decided to share my experience.

I received my refugee PR in 2019 and shortly after, I returned to my home country for only 7 days due to a family member's illness. Upon my return to Canada, I was referred to secondary screening. The CBSA officer was quite angry, questioning why a refugee PR would travel back to their home country. He copied my IDs and informed me that he would submit a cessation request to the IRB, but allowed me to enter Canada, telling me to wait for a letter or court notice.

Since then, I have not received any updates regarding it. I have not traveled until I became a Canadian citizen about 2 years ago. My concern is whether I should be worried about receiving a notice regarding my cessation case at this point. The submission was filed in 2019 while I was at the airport PoE, but I never received any notice till today.

Is it possible that they did not proceed with my case, or is there a backlog that might result in a notice in the future? What would happen to my Canadian citizenship if they proceed with the cessation? Should I be concerned about traveling back to my home country as a Canadian citizen in my specific case?
I cannot offer personal advice or assessment of a specific individual's particular case, but if you are now a Canadian citizen and you made no misrepresentations in any of your immigration proceedings, there is no current basis (in law) for taking away your Canadian citizenship.

By the way, your status as a refugee became conclusively subject to cessation when you acquired Canadian citizenship. Acquiring citizenship is one of the grounds for cessation.
 

yellowpepper

Newbie
Jun 9, 2024
4
1
Why is there no recent cessation cases? I'm assuming not everything gets posted on Canlii but there is not much new besides the new Uppal case.
 

scylla

VIP Member
Jun 8, 2010
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Toronto
Category........
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Buffalo
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28-05-2010
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19-08-2010
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01-10-2010
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05-10-2010
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05-10-2010
Why is there no recent cessation cases? I'm assuming not everything gets posted on Canlii but there is not much new besides the new Uppal case.
I depends on what is in front of the courts on any given week.

There was an interesting one this week related to cessation. The appeal was on the PRRA decision and was negative. However the reason why the person was offered PRRA is because they lost status due to cessation.
 
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dpenabill

VIP Member
Apr 2, 2010
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Why is there no recent cessation cases? I'm assuming not everything gets posted on Canlii but there is not much new besides the new Uppal case.
As far as I can see it is NOT the norm for CanLII to publish cessation decisions by the IRB, so the absence of new cessation determinations in CanLII is not at all indicative of the extent to which such decisions are being made.

There are many cessation determinations by the IRB that are published at CanLII, but generally much of the information relative to the PR-refugee affected is redacted, so it can be difficult to correlate published Federal Court decisions regarding cessation decisions with the underlying IRB determination that is subject of the appeal.

So far as I can see, NONE of the IRB determinations addressed in the more recent Federal Court decisions are published IRB decisions in CanLII. This includes cases which we know were decided by the IRB more recently than the most recent published cessation decision at the IRB, including:
Tul Muntaha v. Canada, 2024 FC 1040, https://canlii.ca/t/k5lh6
Zhou v. Canada, 2024 FC 895, https://canlii.ca/t/k56dh
Wiseman Hunt v. Canada (Citizenship and Immigration), 2024 FC 837, https://canlii.ca/t/k52hs
Shah v. Canada, 2024 FC 923, https://canlii.ca/t/k59gw

This suggests the norm is to NOT publish the IRB cessation determinations.

Moreover, even in regards to the published Federal Court decisions I do NOT agree that there are "no recent cessation cases." As I said in regards to the Shah decision, that was "just one more in what, again, is a more or less steady stream of decisions upholding RPD cessation of protected status."

It warrants remembering that the total number of PR-refugees affected by cessation proceedings is only a few hundred. This is based on stats a few years old now, but there is no reason to expect that there has been a flood of PR-refugees risking their status, if not their lives, by traveling to their home country, let alone a flood of new cessation cases.

Meanwhile, the published Federal Court decisions only reflect cessation determinations that are appealed, which is only a portion of the cessation cases.

I guess the PRRA case that @scylla mentions is Yuan v. Canada, 2024 FC 1253 https://canlii.ca/t/k68pf which is a cessation case dating back more than a decade, even though the more recent cessation determination (after appeals) was just in 2020.

In late July there was the decision in Yu v. Canada, 2024 FC 1189 https://canlii.ca/t/k61w7 which offers almost no details; cessation was upheld; the PR-refugee failed to appear for IRB hearing and cessation decision made in her absence. Decision does not reveal date of IRB decision so I have not confirmed whether this too is also an unpublished cessation determination by the IRB (again, names and many other details are usually redacted in the published IRB cessation decisions).

MAIN THING: There is no indication that the government is backing off pursuing cessation against PR-refugees who travel to their home country. It would be unwise, if not seriously reckless, to to rely on any suggestion of that happening.
 
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