Refugee status cessation and PRs applying for citizenship

[Saaqs]

I recently was questioned by Canadian Border agent while returning from US at Vancouver airport on 24th Nov 2016 I'm a Refugee-PR with home country passport and have traveled back once after becoming PR. The officer indicated that he will send out the information to CBSA and it's there decision to go after me or not. Since then I've received an email from IRCC stating:

Citizenship and Immigration Canada | Citoyenneté et Immigration Canada

La version française suit le texte anglais.

Hello,
Our records show that you may be a permanent resident (PR) of Canada. This email is a reminder that you must present your valid Permanent Resident Card (PR Card) or permanent resident travel document (PRTD) when boarding a flight to Canada.
Canadian permanent residents who do not present a valid PR card or PRTD may be denied boarding their flight to Canada for not having the appropriate travel documents.
It is your responsibility to ensure that your PR card is still valid when you return from travel outside of Canada. The expiry date is printed on the card. If your PR card is expired or will expire within six months, you should apply now to renew your card.
If you are in Canada and do not currently have a permanent resident card or your card is expired, find out how to apply for a permanent resident card.
If you are outside of Canada and do not have a PR card or your card is expired, find out how to apply for a permanent resident travel document (PRTD).
Plan ahead and check the processing times to receive a valid PR card or PRTD before your next international trip.

What does this mean and can I travel on my passport again?

 

[dpenabill]

Your more recent post clarified some things. Mostly that the observations about cessation do apply to you. See response to first post below.

The other thing you clarified is that the email you are referencing appears to indeed be the generic email sent to all PRs, so that almost certainly has little or nothing to do with you in particular or with potential cessation proceedings. It is a reminder that all PRs should have a PR card or will have to obtain a PR Travel Document when boarding a flight headed to Canada.

See more below.

Just want to find out how will I find out if there is cessation proceeding against me as I was stopped and questioned at length by border agent while coming back from US last month. I'm a PR and I've the home country passport and have traveled there as well in the past. So my questions are:

1: the fact that I was questioned means that the process has started already?
2: how long before I get any notice from CBSA or IRCC or any other concerned agency?
3: I did get an email since that interview by IRCC stating that there records show that I"m PR and should have proper docs for travelling to and from Canada
4: when should I hire a lawyer by which I mean should I wait until I get that notice for a CBSA interview?
5: what exactly and how long this whole process is going to take if I choose to fight if they initiated cessation proceedings against me?
6: Is it possible that IRCC wont go through with CBSA request for cessation under current policy as I've been reading on this forum.

I would really appreciate help with this situation.

Thanks

To be clear, since you do not affirm you are a refugee with PR status, the cessation provisions only apply to refugees or protected persons.

Assuming you are a PR whose status in Canada derives from having protected person or refugee status, and that was a focus of inquiry in the PoE examination:

We do not know what the current policy actually is. The current law, however, provides for cessation for any refugee who has reavailed himself or herself of home country protection, which can be evidenced by little more than having obtained a home country passport or travel to the home country, but especially if there is a combination.

Extent of travel to home country and reasons can make a big difference, so assuming your examination was indeed about potentially having reavailed yourself of your home country's protection, how you answered those questions, the relevant facts, can make a big, big difference in what CBSA decides to do.

I suspect the email from IRCC, you reference, is probably the generic email sent to all PRs (for whom IRCC has email addresses) regarding the recent implementation of rules which results in the strict enforcement of the rule requiring a PR to present either a PR card or PR Travel document for boarding a flight to Canada. Probably has nothing to do with refugee status. That noted, without seeing the actual email of course I am not certain it was that generic email or was an email to you specifically.

As to the procedure, we know rather little about that as well, virtually nothing about the timeline for CBSA or IRCC to do an investigation let alone commence cessation proceedings.

If you can afford a lawyer, it might help to at least consult with one sooner rather than later. However, there are still indications that many lawyers are not familiar with the cessation process as it is applicable to PRs, so if you do go to a lawyer, be sure that lawyer is indeed familiar with the changes made in 2012 pursuant to which PR status is terminated if a protected person has cessation proceedings result in the loss of protected person status.

Otherwise you can wait to see what happens next.

In the meantime: avoid using the home country passport any more, for any travel, and avoid returning to the home country.

I would note, even though we really do not know what triggers cessation proceedings for a given individual, the more you have traveled abroad using a home country passport, and in particular if you spent an extended period of time in the home country, the risk of cessation proceedings probably increases and that may be an incentive to get with a lawyer sooner rather than waiting.

 

[keesio]

The other thing you clarified is that the email you are referencing appears to indeed be the generic email sent to all PRs, so that almost certainly has little or nothing to do with you in particular or with potential cessation proceedings. It is a reminder that all PRs should have a PR card or will have to obtain a PR Travel Document when boarding a flight headed to Canada.

This is true. My wife (PR) got the same exact e-mail

 

[Ziaziaz]

Hi guys!

Their is lot of info on this forum very usefull indeed. Coming to the said topic il really appriciate some feed back. I was accepted as a refugee in 2003 when i was 18 ,i came to canada alone and was accepted with open hearts and minds by every one. I got my pr card in 2006 went back to my country of birth in 2010 for 4
Weeks and then again in 2013 for 18 days as my parents still live in the country where i was born. When i i enter canada the second time in 2013 the cbs officer got really angry and hit me with the passport on my face he told me he is going to deport me back to ********. After keeping me wait for 6 hours let me go .

I renew my pr card and i was called in for interview .the immi officer gave me my new pr card and told me sir you will have a relly difficult time explaining you self to citizenship judge abt your trips to *******. I already applied for my citizenship on 01/sep/2016 and this cessation process is really bothering me . One things for sure canada is my county i studied here worked here and doing business here i am not going back to no country in the worlds i am living here and will die here but BUT my business force me to apply for passport and i want to be a citizen like everyone els . Now attorney is asking me 8000$ to take over my citizenship application and will take care in case GOD forbid cessation happen. Question to all is their a way to find out abt the cessation process if already started or i should just wait and watch where my case takes me any feed back appriciated
Thanks

 

[dpenabill]

Hi guys!

Their is lot of info on this forum very usefull indeed. Coming to the said topic il really appriciate some feed back. I was accepted as a refugee in 2003 when i was 18 ,i came to canada alone and was accepted with open hearts and minds by every one. I got my pr card in 2006 went back to my country of birth in 2010 for 4
Weeks and then again in 2013 for 18 days as my parents still live in the country where i was born. When i i enter canada the second time in 2013 the cbs officer got really angry and hit me with the passport on my face he told me he is going to deport me back to ********. After keeping me wait for 6 hours let me go .

I renew my pr card and i was called in for interview .the immi officer gave me my new pr card and told me sir you will have a relly difficult time explaining you self to citizenship judge abt your trips to *******. I already applied for my citizenship on 01/sep/2016 and this cessation process is really bothering me . One things for sure canada is my county i studied here worked here and doing business here i am not going back to no country in the worlds i am living here and will die here but BUT my business force me to apply for passport and i want to be a citizen like everyone els . Now attorney is asking me 8000$ to take over my citizenship application and will take care in case GOD forbid cessation happen. Question to all is their a way to find out abt the cessation process if already started or i should just wait and watch where my case takes me any feed back appriciated
Thanks

The quoted fee sounds ridiculous. You might want to shop around for another lawyer . . . and you may settle for just a consultation rather than representation (consultation should be a lot less expensive).

A question to ask a lawyer who is clearly familiar with the cessation issues is whether it would be prudent to withdraw the application for citizenship and wait to apply when you no longer have any trips to the home country to declare in the presence calculation. Assuming proposed changes in Bill C-6 actually do become law, how long you would have to wait should not be too long.

Note: just using the home country passport to travel abroad at all can show reavailment.

In the meantime, get some advice from a competent lawyer who knows about the cessation issue or stop traveling on the home country passport.

It is feasible that the current policy is relatively lenient, but the risk is rather substantial given the consequences, and we do not really know much about how aggressively, or not, the cessation provisions are being enforced against PRs, including those applying for citizenship.

 

[Saaqs]

This is true. My wife (PR) got the same exact e-mail

When did she get this message? mine was sent Dec 1, a week after when I had an interview with border agent.

 

[Rigly68]

When did she get this message? mine was sent Dec 1, a week after when I had an interview with border agent.

You have nothing to worry about the email from IRCC. It is a generic message sent to PR status holders. It has nothing to do with your interview with CBSA. I got mine on November 30th... one day before I took my oath.

 

[keesio]

When did she get this message? mine was sent Dec 1, a week after when I had an interview with border agent.

Same, December 1.

We flew back to Canada from the US on November 29th. At no time did she need to present her PR card. Her NEXUS card was enough to board the flight and enter Canada (via NEXUS kiosk). Not sure if this will change, but I doubt it.

 

[dpenabill]

The mass email to PRs cautioning about the need for PR card or PR TD when traveling:

The recent email sent to most PRs, regarding required Travel Documents, is NOT pertinent to this discussion, to the topic about cessation of refugee status, including automatic termination of PR status (for refugee-PRs) on the grounds of reavailment.

That email is merely a further notice being sent by IRCC, following years of giving PRs notice in various ways that PRs are required to have and present a valid PR card or PR Travel Document in order to board commercial transportation to Canada. This has long been the rule. But it is a rule which has not been much enforced against PRs who have a visa-exempt passport and who have typically been allowed to board a flight to Canada by presenting their visa-exempt passport. The full implementation of the IAPI system changes this. That took place November 10, 2016.

Because a visa-exempt passport now only works, for boarding a flight to Canada, if that passport (and its holder of course) have eTA, and PRs are not eligible for eTA, when a PR checks in for a flight to Canada, the PR now needs to present either a PR card or PR TD, few exceptions (U.S. citizens, some French citizens in particular circumstances, diplomats). A PR's visa-exempt passport alone will result in the airlines getting a "no-board" response from the CBSA's IAPI system. (Airlines still have discretion to allow boarding but it is unknown to what extent, if any, an airlines will actually exercise such discretion.)



Update on cessation issues:

The update is that there is NO update.

There is a lot that remains unknown. In particular, the nature of this government's approach and policies relative to making examinations for and investigating, and prosecuting, cessation grounds remains unknown . . . albeit, as indicated in posts above, cases are still working their way through the procedure and there is NO indication that the government has suspended pursuing these cases, nor any indication that the government has suspended examinations and investigations.

Indeed, the initial query posed by Saaqs suggests that PoE officers are indeed pursuing the examination of returning PRs, who are refugee-PRs, regarding their passport and travel. So it appears that the government is still enforcing the draconian law implemented by Harper's government when Jason Kenney was the Minister of CIC.

Perhaps a refresher is warranted. Saaqs has provided some information which links to some older materials, which despite their date still contain excellent information about this issue and related problems.

A really excellent media release by Canadian Council for Refugees, issued in May this year, does a very good job of summarizing the issue and problems. For anyone affected or interested in this issue, it is worthwhile reading, even if it is just a refresher.

See http://ccrweb.ca/en/release-cessation-reform-urgent-following-bermudez-court-decision

Also see the 2014 Canadian Council for Refugees report titled: "Cessation: stripping refugees of their status in Canada
go to http://ccrweb.ca/en/cessation-report and follow link to pdf file containing the report

This is a comprehensive and excellent overview of what is involved, and it is also an excellent source for key details about this issue and the impact it is having.

Again, this report is dated, as it was made in 2014. Nonetheless, it contains a lot of the most important information available about cessation. Its timing is worth noting: the big change was in December 2012 when the law was adopted which effectively terminates a refugee-PR's status automatically upon cessation. Prior to that, once the refugee became a PR, the refugee's status was as secure as any other PR's status, subject only to compliance with the PR Residency Obligation and security or serious criminality grounds for inadmissibility.

But it appears that it was late 2013 and into 2014 (and even more so after this report was made) that CIC (when Chris Alexander was Minister) and CBSA began aggressively examining and investigating refugee-PRs, and in particular targeting refugee-PRs applying for citizenship (targeting those who had obtained a home country passport or traveled to the home country, and especially both).


Also see the CARL Briefing Note on Cessation. This too is a pdf file, so among ways to find it is to go to the May 4, 2016 media release from the Canadian Council for Refugees regarding refugees' loss of status rules
http://ccrweb.ca/en/release-cessation-reform-urgent-following-bermudez-court-decision and go to the part where it has links for more information, which includes a link to the CARL Briefing Note (submitted to Minister McCallum). This is an OK source, though the Canadian Council for Refugees media release and 2014 report are better, including more thorough.


Overall, the extent to which PR-refugees should worry about this issue remains an unknown. The current government may only be targeting the more egregious cases (such as those which suggest that the original refugee claim may not have been warranted), or there may be other criteria for deciding who will be targeted. But the law is what it is and technically the government has a mandate to enforce it, as it is unless and until the law is actually changed. And under the current law, refugee-PRs who obtain a home country passport, or travel to the home country, are at risk for cessation proceedings based on the grounds of reavailment. The risk obviously increases if the refugee-PR uses the passport for international travel, and especially increases if the refugee-PR has and uses a home country passport and travels to the home country.

 

[Hash safi]

The quoted fee sounds ridiculous. You might want to shop around for another lawyer . . . and you may settle for just a consultation rather than representation (consultation should be a lot less expensive).

A question to ask a lawyer who is clearly familiar with the cessation issues is whether it would be prudent to withdraw the application for citizenship and wait to apply when you no longer have any trips to the home country to declare in the presence calculation. Assuming proposed changes in Bill C-6 actually do become law, how long you would have to wait should not be too long.

Note: just using the home country passport to travel abroad at all can show reavailment.

In the meantime, get some advice from a competent lawyer who knows about the cessation issue or stop traveling on the home country passport.

It is feasible that the current policy is relatively lenient, but the risk is rather substantial given the consequences, and we do not really know much about how aggressively, or not, the cessation provisions are being enforced against PRs, including those applying for citizenship.

Dear dpenabil
I would like to thank you for your great explanations and analysis. I am sure you are not a immigration lawyer but your understanding of immigration related matters is appreciatable.

I would like to ask you something, and will highly appreciate if you could tell me your veiw.

I am a PR holder since 2014 and my wife and my baby daugher have recently recieved thier visas,and they are living in my home country of Afghanistan. Thier immigration visa has limited validity and there is no one that can accompany my family to Canada. my wife does not speak english and has never traveled before, so it will be hard for her to travel with the child alone.

Can I go to my home country for short visit (not more than a week) just to bring my wife and my kid.
will this effect my futher citizenship application? or short term visit will not be a major problem?

also this is legetimate reason that I am going to bring my family,I am not going for extended period of time or for fun or vacation.
I do hold a valid Canadian travel document.
Looking forward to hear from you.

thanks
Hash

 

[dpenabill]

Dear dpenabil
I would like to thank you for your great explanations and analysis. I am sure you are not a immigration lawyer but your understanding of immigration related matters is appreciatable.

I would like to ask you something, and will highly appreciate if you could tell me your veiw.

I am a PR holder since 2014 and my wife and my baby daugher have recently recieved thier visas,and they are living in my home country of Afghanistan. Thier immigration visa has limited validity and there is no one that can accompany my family to Canada. my wife does not speak english and has never traveled before, so it will be hard for her to travel with the child alone.

Can I go to my home country for short visit (not more than a week) just to bring my wife and my kid.
will this effect my futher citizenship application? or short term visit will not be a major problem?

also this is legetimate reason that I am going to bring my family,I am not going for extended period of time or for fun or vacation.
I do hold a valid Canadian travel document.
Looking forward to hear from you.

thanks
Hash

I do not know. Not only am I not a Canadian lawyer, I have no professional experience with immigration matters, and in general, I am NOT an expert.

In the posts above I have outlined just about everything I have figured out about cessation as it is applicable to refugee-PRs, and you should readily see that I repeatedly emphasize there is much that remains unknown.

I believe I understand the compelling nature of your circumstances, but I really DO NOT KNOW how the cessation law is being applied these days.

Best I can offer: See a lawyer, but as I have cautioned here before, be sure the lawyer is indeed familiar with the impact of CESSATION on PRs.

I say to see a lawyer because the one thing I do know is that the law which automatically results in the loss of PR status, if there is cessation of refugee status, is still the law. And the criteria for cessation is still based on UNHCR guidelines regarding what constitutes reavailment. That means, use of a home country passport alone can be grounds for finding reavailment, thus cessation. That means going to the home country can be grounds for finding reavailment, thus cessation. That suggests it could be particularly risky to use a home country passport to do any travel, but especially risky to use a home country passport and travel to the home country.

So far as I can see, once a referral for cessation has been made, there is no relief available based on H&C grounds. So, the question really is about reavailment without regard to how compelling the circumstances are otherwise. That said, for purposes of assessing the facts and determining whether a trip to the home country constitutes reavailment, the compelling circumstances and nature of the trip (such as a short trip to, as you suggest, retrieve family), is a factor in determining whether the trip itself shows reavailment. But using the home country passport alone, still, nonetheless, tends to show reavailment, and is sufficient to create a presumption of reavailment.

So, again, see a lawyer, a good lawyer, a lawyer who is familiar with the UNHCR criteria regarding reavailment, and familiar with the law which automatically terminates PR status for a refugee if there is a negative outcome in cessation proceedings.

 

[Hash safi]

Thanks very much for your reply, really appreciate that.
H

 

[jabindovic]

dpenabill has provided some great analysis on cessation. One thing that was clear in reading those analyses was that at the moment, it is difficult to know how it is being currently implemented.

Thus, the current government's general approach is still unknown.

Well, I have been looking into this since someone I know from school is agonizing about his predicament, having had obtained his country's passport after being deemed a protected person.

I came across some documents from the 2014-2015 CBSA planning document at [not allowed to post links]
on page 14:

The planned spending in 2016–17 decreases by $97.9 million compared to 2015–16. A large portion of the reduction is attributed to the following items: Arming of Border Services Officers ($49.8 million), Refugee Reform ($10.3 million), 2015 Pan and Parapan American Games ($4.6 million), and activities associated with cessation and vacation of refugee claims related to Protecting Canada’s Immigration System Act ($4.5 million). The reduction is also attributable to the Agency delivering on core commitments set out in the Beyond the Border Action Plan by 2015–16. Efficiency gains due to the implementation of Postal Modernization will return $5.2 million to the consolidated revenue fund.

page 56:

The decrease in planned spending from 2014−15 to 2015−16 and 2015−16 to 2016−17 is mainly due to the completion of the Refugee Reform project, the Arming of Border Services Officers, sunsetting of funding for the cessation and vacation refugee claims activities related to the Protecting Canada’s Immigration System Act, as well as the delivery on core commitments set out in the Beyond the Border Action Plan.

Page 63:

The decrease in planned spending from 2015−16 to 2016−17 is mainly attributed to the sunsetting of funding for the cessation and vacation refugee claims activities related to the Protecting Canada’s Immigration System Act.

the same page goes on to highlight the following:

Planning Highlights Key Commitment: The CBSA will investigate and refer an increased volume of cessation and vacation hearings to the Refugee Protection Division of the Immigration and Refugee Board
Related Organizational Priority: Secure the Border Strategically
In 2014−15, the CBSA is committed to increasing the number of cessation or vacation cases referrals to the IRB, while ensuring that in successful cessation or vacation cases, the removal orders are enforced as soon as possible. The Agency will also establish specialized processes to manage tips and referrals, as well as analyze trends, and provide information, guidance and training to CBSA staff and partners regarding roles, responsibilities and relevant procedures.

Basically this sounds like a reaffirmation of the commitment to pursue cessation applications.

More evidence of reduction in cessation-related budget from the Department of Justice ( Quarter ending December for 2016): [not allowed to post links]

Decrease of $2.7 million related to the sunsetting of temporary funding that had been allocated to enhance activities pursuant to the Protecting Canada’s Immigration System Act, related to the cessation and vacation of refugee status;

Canada Association of Refugee Lawyers (CARL) wrote an article on May 4, 2016 [not allowed to post links] stating that:

Pursuing cessation and vacation applications became a priority for the Canada Border Services Agency after 2012, and special funding was set aside for this purpose, reported to have been as much as $15 million over four years. The 2012-13 Supplementary Estimates show that $2.8 million was allocated to the CBSA and $1.8 million to the Department of Justice. It is unclear whether the government has tracked the cost of the large increase in cessation applications to other agencies and institutions including the Federal Court, the Immigration and Refugee Board and Citizenship and Immigration Canada (now Immigration, Refugees and Citizenship Canada).

Based on all these facts, it seems that while it is still possible that cessation applications are being pursued, the foot is off the pedal a bit, if funding reductions are any indicator.

I wonder what everyone’s take is one the current status of implementation for cessation given these evidence for funding reduction.

I would also be curious about any recent first-hand experiences with this process.

 

[dpenabill]

dpenabill has provided some great analysis on cessation. One thing that was clear in reading those analyses was that at the moment, it is difficult to know how it is being currently implemented.

Well, I have been looking into this since someone I know from school is agonizing about his predicament, having had obtained his country's passport after being deemed a protected person.

I came across some documents from the 2014-2015 CBSA planning document at [not allowed to post links]
on page 14:

The planned spending in 2016–17 decreases by $97.9 million compared to 2015–16. A large portion of the reduction is attributed to the following items: Arming of Border Services Officers ($49.8 million), Refugee Reform ($10.3 million), 2015 Pan and Parapan American Games ($4.6 million), and activities associated with cessation and vacation of refugee claims related to Protecting Canada’s Immigration System Act ($4.5 million). The reduction is also attributable to the Agency delivering on core commitments set out in the Beyond the Border Action Plan by 2015–16. Efficiency gains due to the implementation of Postal Modernization will return $5.2 million to the consolidated revenue fund.

page 56:

The decrease in planned spending from 2014-15 to 2015-16 and 2015-16 to 2016-17 is mainly due to the completion of the Refugee Reform project, the Arming of Border Services Officers, sunsetting of funding for the cessation and vacation refugee claims activities related to the Protecting Canada’s Immigration System Act, as well as the delivery on core commitments set out in the Beyond the Border Action Plan.

Page 63:

The decrease in planned spending from 2015-16 to 2016-17 is mainly attributed to the sunsetting of funding for the cessation and vacation refugee claims activities related to the Protecting Canada’s Immigration System Act.

the same page goes on to highlight the following:

Planning Highlights Key Commitment: The CBSA will investigate and refer an increased volume of cessation and vacation hearings to the Refugee Protection Division of the Immigration and Refugee Board
Related Organizational Priority: Secure the Border Strategically
In 2014-15, the CBSA is committed to increasing the number of cessation or vacation cases referrals to the IRB, while ensuring that in successful cessation or vacation cases, the removal orders are enforced as soon as possible. The Agency will also establish specialized processes to manage tips and referrals, as well as analyze trends, and provide information, guidance and training to CBSA staff and partners regarding roles, responsibilities and relevant procedures.

Basically this sounds like a reaffirmation of the commitment to pursue cessation applications.

More evidence of reduction in cessation-related budget from the Department of Justice ( Quarter ending December for 2016): [not allowed to post links]

Decrease of $2.7 million related to the sunsetting of temporary funding that had been allocated to enhance activities pursuant to the Protecting Canada’s Immigration System Act, related to the cessation and vacation of refugee status;

Canada Association of Refugee Lawyers (CARL) wrote an article on May 4, 2016 [not allowed to post links] stating that:

Pursuing cessation and vacation applications became a priority for the Canada Border Services Agency after 2012, and special funding was set aside for this purpose, reported to have been as much as $15 million over four years. The 2012-13 Supplementary Estimates show that $2.8 million was allocated to the CBSA and $1.8 million to the Department of Justice. It is unclear whether the government has tracked the cost of the large increase in cessation applications to other agencies and institutions including the Federal Court, the Immigration and Refugee Board and Citizenship and Immigration Canada (now Immigration, Refugees and Citizenship Canada).

Based on all these facts, it seems that while it is still possible that cessation applications are being pursued, the foot is off the pedal a bit, if funding reductions are any indicator.

I wonder what everyone’s take is one the current status of implementation for cessation given these evidence for funding reduction.

I would also be curious about any recent first-hand experiences with this process.

While interesting, and at least indicative that cessation prosecutions have a diminished priority, trying to glean much from this information is still largely an effort to read tea leaves.

As things were, so far, it was probably safe to infer that enforcing the cessation provisions is not a priority for this government. This information tends to reinforce that. (In contrast it was clearly among priorities under the Conservative government, including an escalation of enforcement well into 2015.)

So the risk of being targeted/prosecuted is . . . well, that is it, no one really knows.

As I have noted before, the statutory provisions are still law, and other than the private member's bill proposed by a MP in the NDP, so far there is little or no sign of any real proposal to amend or repeal the provisions which can have such a dramatic, profound impact.

The problem has to do with the potential consequences: total loss of status to remain in Canada. Even if the risk of prosecution (so to say) is relatively low, the seriousness of the potential consequences should invite anyone possibly affected to be cautious about obtaining a home country passport, avoid using a home country passport to travel if one has already obtained one, and definitely avoid travel to the home country . . . yes, there can be exceptions, good cause or such, reasonable and compelling explanations, but nonetheless what is at risk is status to live in Canada.

The better plan is, probably, to basically lay low until qualified for citizenship, get citizenship, and then travel internationally as much as can be afforded.

That does not offer much guidance for those who have already obtained a home country passport and are waiting for the right time to apply for citizenship, knowing that applying for citizenship could bring grounds for cessation proceedings to the attention of IRCC. The risk probably varies depending on individual circumstances and details. No way to quantify the risks in the abstract. May not be any way to quantify the risks knowing the specific circumstances, other than to know that more use of a home country passport undoubtedly increases the risk, that extended travel to the home country elevates the risk, among other more or less obvious risk factors.

Tough situation for many I am sure. It is tough enough just being a refugee. And if there is family still back home, tougher still. (There are many, many scenarios in which a person will need and deserve refugee protection and yet still be able to safely visit family in the home country, and it borders on inhumane to force refugees to choose between retaining their safety in their new country versus totally separating themselves from ties in their home country.) My strong sense is that the changes made under the Harper government were essentially anti-refugee. It is disappointing that the Liberal government has not made an effort to walk those changes back more than it appears they have. Making it a low priority for enforcement is better than how it was under Harper, but the axe is still hanging over the head of scores of protected persons.

 

[jabindovic]

Thanks for your response! as always

While interesting, and at least indicative that cessation prosecutions have a diminished priority, trying to glean much from this information is still largely an effort to read tea leaves.

As things were, so far, it was probably safe to infer that enforcing the cessation provisions is not a priority for this government. This information tends to reinforce that. (In contrast it was clearly among priorities under the Conservative government, including an escalation of enforcement well into 2015.)

So the risk of being targeted/prosecuted is . . . well, that is it, no one really knows.

As I have noted before, the statutory provisions are still law, and other than the private member's bill proposed by a MP in the NDP, so far there is little or no sign of any real proposal to amend or repeal the provisions which can have such a dramatic, profound impact.

The problem has to do with the potential consequences: total loss of status to remain in Canada. Even if the risk of prosecution (so to say) is relatively low, the seriousness of the potential consequences should invite anyone possibly affected to be cautious about obtaining a home country passport, avoid using a home country passport to travel if one has already obtained one, and definitely avoid travel to the home country . . . yes, there can be exceptions, good cause or such, reasonable and compelling explanations, but nonetheless what is at risk is status to live in Canada.

The better plan is, probably, to basically lay low until qualified for citizenship, get citizenship, and then travel internationally as much as can be afforded.

That does not offer much guidance for those who have already obtained a home country passport and are waiting for the right time to apply for citizenship, knowing that applying for citizenship could bring grounds for cessation proceedings to the attention of IRCC. The risk probably varies depending on individual circumstances and details. No way to quantify the risks in the abstract. May not be any way to quantify the risks knowing the specific circumstances, other than to know that more use of a home country passport undoubtedly increases the risk, that extended travel to the home country elevates the risk, among other more or less obvious risk factors.

Tough situation for many I am sure. It is tough enough just being a refugee. And if there is family still back home, tougher still. (There are many, many scenarios in which a person will need and deserve refugee protection and yet still be able to safely visit family in the home country, and it borders on inhumane to force refugees to choose between retaining their safety in their new country versus totally separating themselves from ties in their home country.) My strong sense is that the changes made under the Harper government were essentially anti-refugee. It is disappointing that the Liberal government has not made an effort to walk those changes back more than it appears they have. Making it a low priority for enforcement is better than how it was under Harper, but the axe is still hanging over the head of scores of protected persons.