Hello everyone,
Two days ago my husband got the application from Canada agency Boarder to cease refugee protection,
my husband was accepted a s refugee in 2004, got his PR in 2006, apply for Citizenship on 2012 , he passe test on 2014 , and since there we were waiting for 5 years for the ceremony ,
Now, after 15 years they said Okay we cease you protection because you did visit your country, and u asked for passport from them,
like after 15 years!!! my husband all his life is in Canada (House, Wife, Daughter, investment...) he went to his country just for family issue,
by the way, this law came after my husband got PR , so he did't know, and the politic situation became better in this country after 15 years , and he asked for new passport because he didn't get the Canadian passport
Now, I'm wondering if someone can let us know, how long the process will take times? if someone know a good lawyer specialist in this cases in Edmonton or Calgary ? any associations ? if I can sponsor him after, if will get a cessation? if the law will b not applicable for his case because hi passed 10 years since he get the PR?
currently we are discourage and disrupt
Thanks everyone for you sharing and helping,
Amina.
I EMPHATICALLY agree with
@Kiven: "
First Things first, contact a good immigration lawyer." Again, with emphasis, it is time to LAWYER-UP. (Actually, it appears that it was time to at least consult with a lawyer some time ago . . . at least three or four years ago. But what's done is done.) Sorry, but I cannot offer any suggestions let alone outright referrals. Obviously you need a lawyer with experience in refugee cases, thus not just any immigration lawyer . . . assuming you can find such a lawyer in your area.
We have seen few reports (very few reports) of personal experience from individuals actually subject to cessation proceedings, so it is near impossible to adequately figure out how these things typically go, let alone how it will go in your particular case.
The statistics linked by
@Kiven suggest that CBSA is actively pursuing what appears to be the more obvious cases, but over the course of the last two years more than a quarter of the cases have resulted in the protected person KEEPING protected person status. My sense is this ratio will decline, that a larger percentage of the cases undertaken will indeed lead to loss of status.
BUT such percentages are NOT what really matters. What really matters are the particular details in the individual case.
What the numbers do reveal, however, is that some refugees can win these. So it can be worth contesting.
Relevant factors likely include how many times the PR has renewed the home country passport and used such passports; and, how many times the PR has traveled to the home country and for how long, the purpose and duration of the trips looming particularly large.
While there is NO H&C relief, if the RPD determines there is cessation of status, then the affected individual who is married to a Canadian citizen or PR should be eligible for sponsored PR in the family class . . . assuming the Canadian spouse meets the eligibility requirements to sponsor and assuming the person who lost protected person status does not have any criminal history which would make him inadmissible.
FOR FORUM SHARED INFORMATION it would be helpful,
@AminaChek, if you could offer more contextual information . . . in particular, a rough estimate of frequency and duration of trips to the home country would be useful for others struggling to put their own situations into perspective.
https://irb-cisr.gc.ca/en/statistics/protection/Pages/RPDVacStat.aspx
Stats for the first quota of the year are out. They do not look good at all. I am literally shivering. Not too sure what to expect.
The stats are sobering. The report from
@AminaChek even more so. This is the first report here in a long while reflecting action in the direction toward cessation of status. It is a stark reminder that yes, citizenship applicants who are refugee-PRs who have obtained a home country passport are AT RISK for potential cessation of status.
The stats are NOT alarming, however. And here too the report from
@AminaChek offers some context: this appears to be one of the 2019 cessation applications . . . yet it quite clearly derives from a referral at least FOUR or five years ago (from sometime after the test and interview in 2014).
There are only a little more than 400 hundred cessation applications pending . . . whereas the number of refugees who have obtained a home country passport or traveled to the home country is quite likely MANY thousands. While the latter is a guess, given the many TENS of thousands of refugees and protected persons in Canada, even if only a rather small percentage obtain a home country passport or travel back to the home country, the total number should easily be MANY thousands.
This suggests what is consistent with a number of anecdotal reports here (reflecting NO cessation for a number of protected persons who have obtained both a home country passport AND who traveled to the home country), that cessation proceedings are likely triggered by more than just obtaining a home country passport, and indeed likely involve
multiple trips to the home country during which some involved a relatively extended stays in the home country (or other more or less obvious criteria, like working or engaging in business in the home country).
To my view the statistics mostly confirm that YES, there is still some RISK of cessation for any PR-refugee who has obtained a home country passport and ESPECIALLY if that person has also actually traveled home. But so far they do not indicate a broad sweep going after most (let alone all) who have obtained a home country passport and traveled home.
The 76 new applications in the first quarter of this year appears to reflect something of a sudden surge in new applications. My GUESS (and it is just a guess) is that CBSA is making an effort to catch up on a backlog of referrals . . . and here too, the report from
@AminaChek is consistent with this, since again it appears to derive from an IRCC referral back in 2014 or 2015.
The statistic that is NOT available is the number of referrals.
In any event, the more recent statistics do not appear to indicate any dramatic increase in the RISKS.
RELEVANCY of DATES --
Going back to the post by
@AminaChek:
by the way, this law came after my husband got PR , so he did't know, and the politic situation became better in this country after 15 years , and he asked for new passport because he didn't get the Canadian passport
The cessation provisions have been in place and in effect for a long time . . . going back before your spouse became a protected person. Actually these provisions statutorily implement the UNHCR guidelines, which go way back. So NO this is not a new law.
The "new law" is the amendment of the provisions governing loss of Permanent Resident status, the addition of subsection 46(1)(c.1) IRPA in December 2012 . . . which added c.1 stating that a determination of cessation of refugee status for reasons set out in section 108(1)(a) to 108(1)(d) IRPA terminates PR status. Prior to December 2012, once a refugee became a PR his or her PR status would not be affected by a loss of protected person status . . . so there was no reason for CBSA to pursue cessation of protected person status, as it would not affect the person's status to live in Canada.
Technically, however, the cessation of protected person status provisions still applied. SO to be clear, refugees and protected persons were long, long subject to the UNHCR guidelines. There was simply no effective recourse for Canada when protected persons with PR status engaged in actions resulting in cessation of protected person status.
Now, I'm wondering if someone can let us know. . . if the law will b not applicable for his case because hi passed 10 years since he get the PR?
I have NOT seen any hint of any limitation such as this. There are a number of actual cases in which the PR-refugee's trips to the home country long preceded the December 2012 change in law date and the courts upheld the loss of status, including loss of PR status which necessarily results in rejecting the citizenship application.
THE KEY FACTORS, as to whether there is a chance to get the application withdrawn or dismissed, are mostly about how often and for how long he traveled to the home country . . . the purpose matters, of course, but how the RPD will assess the purpose depends a lot on the frequency and duration of trips there. Obviously, the more trips there have been, or the longer the stays have been, the greater the risk that the application will be granted.
IN the meantime, in addition to at least consulting with a competent, reputable immigration lawyer with refugee experience, probably a good idea to visit the IRCC website and be reviewing family class sponsorship for PR requirements, and doing what you can to make sure the Canadian spouse is in a position to sponsor him for PR again if that becomes necessary.
PLEASE REPORT BACK WHAT YOU ARE WILLING TO SHARE ABOUT HOW THIS GOES.
My impression is this topic has more than a few lurkers who are among those at risk for cessation. There is much we remain in the dark about. Anecdotal reports help expand our collective knowledge and understanding.
