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Refugee status cessation and PRs applying for citizenship

dpenabill

VIP Member
Apr 2, 2010
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If a refugee travels back home with a Canadian passport, can't IRCC and CBSA still be able to file a misrepresentation allegation and revoke your status?

If they say that your return meant that your RPD claim was fraudulent, then this could possibly be used against the refugees. For many, the passage of time is important - I.e., genuine refugee claim, but risk has been reduced or changed over time.

Some times I think even citizenship status is not safe for refugees, let alone PR and other statuses. If they can't get you on cessation clause for citizenship, they can throw a misrepresentation allegation and can still revoke your status.

Do you think there is some sort of protection in Citizenship Act against this kind of situation?
Risk of naturalized citizenship revocation for misrepresentation (and there are no other grounds) is low, and is very, very low absent a rather blatant, readily documented misrepresentation of significance. Technically any material misrepresentation is sufficient grounds, but practically there must be some more or less outright fraud.

So overall this is not something refugees should fear is hanging over their head . . . well, unless they did indeed engage in overt fraud. Which, it appears, more than a few have. And even then the risk of revocation proceedings is rather low.

Note Regarding Travel to Home Country After Becoming a Citizen:

Once a former refugee obtains citizenship in Canada, and is carrying a Canadian passport, the government of Canada provides that individual the same degree of protection it does any other citizen. While, for example, it would be rather foolish for Canadian tourists to flaunt homosexuality in a country that prosecutes and severely punishes homosexuals, it makes a huge difference if a person is a tourist or visiting on business, and traveling under the protection of the Canadian government, traveling with a Canadian passport, versus being a local person with no protection from any other government.

Which is to say, travel to an individual's home country with a Canadian passport tends to be safer, if not a lot safer. The world can still be a rather dangerous place, so of course anyone and everyone should approach travel to this or that particular country aware of the particular dangers potentially lurking there, but for many former refugees just carrying a Canadian passport is often enough to make it safe enough to visit their home country (although not always, so much caution should be exercised).


Some Longer Observations:

The risk of a proceeding to revoke citizenship based on the individual making misrepresentations in the process of obtaining protected person and PR status is probably the same whether the former refugee, now citizen, travels to the home country or not. After all, the substantive basis for revocation is the misrepresentation of material fact, and thus unless the naturalized citizen made misrepresentations in the process, there are no grounds for revocation. Thus, a naturalized citizen who made no material misrepresentations of fact will never have to worry about losing Canadian citizenship (well, technically this is under current law; there was a short period of time in which the law allowed the government to revoke citizenship on grounds that included engaging in certain criminal acts, which applied to persons born in Canada as well as naturalized citizens, but there is little or no hint Canada will move back in that direction anytime soon, and even then the actions invoking revocation were, at the least, extreme).

Sure, later behavior can trigger suspicion. Potentially leading to an investigation, which in turn can lead to revocation proceedings IF the government finds persuasive evidence there was fraud, some material misrepresentation made in the process. BUT it would require a lot, lot more than a trip to the home country to show there was misrepresentation in the refugee claim.

The threshold for establishing misrepresentation that will support revocation of citizenship is almost always very high.

While there are exceptions, they are rare.

Much publicized when it happens, the exceptions tend to be in regards to either high profile individuals or high profile subjects -- the latter illustrated, for example, by the Helmut Oberlander case, as he was just a Ukrainian born teenager when drafted by the occupying German army and served as an interpreter, late in WW II, and he merely left out details in his applications that, frankly, are rather commonly left out (I confess, I did not disclose each and every posting I had in the military when I applied for PR status, and I have no worries at all this could come round to be a problem) . . . but he was, apparently, an interpreter for a year or so for a notorious kill squad. He was very low profile, himself. And his misrepresentation, by omission, was failing to specifically disclose the posting to that unit. He has never been accused of participating in a war crime. It was not until a full half century after the war ended, a quarter century ago now, that proceedings were initiated to revoke his citizenship. It was the notoriety of that kill unit and the high profile Nazi-hunter programs that led authorities to go after him, again and again actually . . . so just this past month, at age 97, he was still living at his home in Waterloo, Ontario when he died.

As for behavior after becoming a naturalized citizen which could trigger suspicion and, perhaps (but not usually) an investigation, among real life -- it has happened examples -- there are some isolated cases in which the need for protected status was based on persecution for sexual orientation, then later the individual gets married and sponsors a member of the opposite sex who, it turns out, the individual had a relationship with before claiming a need for protection due to the persecution of homosexuals. Even these cases were not, as I recall, about citizenship, but happened while the individual still had protected person status, and I think the RPD typically gave little if any weight to the later behavior, focusing on whether the evidence showed misrepresentation based on circumstances up to making the claim.

All later behavior will typically support is cause to investigate. Not grounds for finding misrepresentation. Things change. People change. Circumstances change. But, yeah, sure, sometimes the later behavior raises questions about what a person claimed . . . whether that is to obtain PR status in a Provincial sponsorship program or to obtain protected person status or . . . perhaps among the most common, the genuine marital relationship supporting a spousal sponsorship, which does not last more than a week or so after the individual obtains PR status. In any of these cases, all the later behavior does is trigger suspicion, even in the case of the spousal sponsored PR who does not live with the sponsor once PR status is obtained. Consequences for misrepresentation will follow ONLY if the investigation documents persuasive evidence there was actual misrepresentation.


They can't arbitrarily revoke Canadian citizenship like that. Citizenship can be revoked for very limited number of reasons.

Here's an example :

If they found you misrepresented yourself in your citizenship or PR application, they can revoke the citizenship (former case) and revoke citizenship and PR (latter case).
Just for clarity: I think that @Fallen_Warrior is asking about situations in which the later behavior, in this context returning to the home country, might lead authorities to believe there was misrepresentation in the process for obtaining protected person and PR status, and the revocation proceedings themselves are based on misrepresentation of fact in the process of obtaining protected person status, as in the person claimed a risk in the home country that travel to the home country later arguably tends to show the individual did not really face.

As I discussed above, that could (but usually will not) trigger suspicion and an investigation. But actual revocation proceedings would be brought only if the investigation reveals specific evidence documenting misrepresentation . . . which as you note, would only lead to loss of both citizenship and PR status if there was misrepresentations made in the process of becoming a PR.

It warrants noting, too, that even during the Harper crackdown, when thousands of immigration fraud cases were initiated (between 2008 and 2013; more than five thousand pending at one time as I recall), including many hundreds of citizenship revocation proceedings, almost all of those were NOT close-call cases. Scores involved individuals who had hardly spent any time in Canada at all. There were a number of remarkably active fraud-mill operations back then, and CIC was woefully unprepared to identify let alone interdict much of it . . . in one group of cases a single "consultant" had herded many dozens of clients through using the same address and telephone number, same employment histories. And used multiple addresses, for dozens of clients at each, which were all located in the same complex, just different unit numbers, but it was an industrial facility not residential. It was rather staggering how blatant the fraud was. In just a few years Canada revoked many times more citizenships than it had in its entire previous history.
 
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rajkamalmohanram

VIP Member
Apr 29, 2015
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I think this is still a grey area.
Well, unless you lied to get your refugee status in Canada, cessation / vacation CANNOT happen (extremely unlikely) once you are a Canadian citizen. Vacation and Cessation are for people on REFUGEE status. Once you are a Canadian citizen, you are no longer on refugee status and hence, the penalties of reavailment don't apply to you.

However, I emphasize again, if you lied on your refugee application and if you obtained your refugee AND/OR PR status by misrepresenting yourself, then there is a good chance that the citizenship, PR and the refugee status can all be revoked. Canada can revoke citizenship and make a person stateless (without violating Article 8 of the United Nations Convention on the Reduction of Statelessness ) IF AND ONLY IF there is clear evidence of misrepresentation. There are other cases where the citizenship of dual citizens can be revoked for crimes such as terrorism and treason.
 
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dpenabill

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Apr 2, 2010
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There are other cases where the citizenship of dual citizens can be revoked for crimes such as terrorism and treason.
Grounds for revocation of Canadian citizenship are limited to misrepresentation/fraud.

There was a short period of time (2014 to 2017) during which grounds for revocation included certain crimes and acts, related to terrorism, adopted as part of the Harper government's SCCA, but not only were those provisions repealed in 2017, by the end of 2015 the new Liberal government ceased bringing such cases and, as I recall, mostly if not entirely ceased proceeding with those already in progress.

By the way . . . regarding "unless you lied to get your refugee status in Canada, cessation / vacation CANNOT happen (extremely unlikely) once you are a Canadian citizen."

In a sense cessation of protected person status can apply to a refugee granted citizenship . . . and actually does. One of the grounds for cessation of status is the acquisition of citizenship in a country. Acquiring Canadian citizenship effectively terminates the individual's status as a Convention Refugee. They do not need it. They have Canadian citizenship and all the same rights and privileges as any other Canadian citizen. They have acquired the protection of the government of Canada.

As noted before, I did not interpret the concerns expressed by @Fallen_Warrior to be about possible revocation of citizenship based on returning to the home country or otherwise based on evidence the individual has reavailed himself or herself of the home country's protection. But, rather, that travel to the home country could be perceived to indicate the individual was not in danger there and did not have a genuine reason to seek protected person status when they went through the process to obtain protected person status.

While there is no reason to have this fear (as noted, the only risk, and that is a very minimal risk, is triggering suspicion, which will mean nothing unless the evidence otherwise rather patently shows there was misrepresentation or fraud in the application for protected person status), I would not off-handedly dismiss it. In this forum alone, typically among some skilled-worker class immigrants it appears, there is plenty of animosity targeting refugees. Very, very unfortunately. And there has been no shortage of comments insinuating, if not outright accusing refugees of fraud if and when they return to their home country. I was not a refugee myself, and I can only partially grasp the full range of what it means to flee one's home in fear, but I get it, I understand the underlying anxiety expressed by @Fallen_Warrior.

Circling back to your statement that there can be no vacation or cessation of protected person status once the person is a citizen, actually the rest of what you said is correct: "Vacation and Cessation are for people on REFUGEE status. Once you are a Canadian citizen, you are no longer on refugee status . . . " Right, becoming a Canadian citizen terminates the individual's PR status and constitutes cessation of their protected person status. And they no longer need it. They are Canadian citizens.
 

canuck78

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Jun 18, 2017
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Well, unless you lied to get your refugee status in Canada, cessation / vacation CANNOT happen (extremely unlikely) once you are a Canadian citizen. Vacation and Cessation are for people on REFUGEE status. Once you are a Canadian citizen, you are no longer on refugee status and hence, the penalties of reavailment don't apply to you.

However, I emphasize again, if you lied on your refugee application and if you obtained your refugee AND/OR PR status by misrepresenting yourself, then there is a good chance that the citizenship, PR and the refugee status can all be revoked. Canada can revoke citizenship and make a person stateless (without violating Article 8 of the United Nations Convention on the Reduction of Statelessness ) IF AND ONLY IF there is clear evidence of misrepresentation. There are other cases where the citizenship of dual citizens can be revoked for crimes such as terrorism and treason.
Not quite as simple as misrepresenting yourself during your asylum application. Any misrepresentation during the citizenship process about travels to your home country and obtaining your home country passport can also lead to loss of status.
 

dpenabill

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Apr 2, 2010
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Not quite as simple as misrepresenting yourself during your asylum application. Any misrepresentation during the citizenship process about travels to your home country and obtaining your home country passport can also lead to loss of status.
No. Not how it works.

Misrepresentations made during the process of applying for citizenship constitute grounds for denying a citizenship application (and this results in a prohibition from obtaining citizenship for five years), or if citizenship has already been granted, for revocation of citizenship (which results in a prohibition for ten years); these misrepresentations do NOT lead to loss of status in Canada (unless, a rare exception, they are egregious enough to invoke criminal prosecution leading to a conviction and actual imprisonment for at least six months plus a day; that is if it constitutes serious criminality).

In particular, there is the distinction that @rajkamalmohanram made between misrepresentations in the process of obtaining protected person status and PR status, which can be grounds for revocation of citizenship AND also grounds for terminating/revoking PR status (pursuant to the operation of Section 40(1)(d) IRPA (see here https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-9.html#docCont ) and Section 10.2 in the Citizenship Act (see here: https://laws-lois.justice.gc.ca/eng/acts/C-29/page-4.html#docCont ), versus misrepresentations made in the process of applying for citizenship, which leads to the revocation of citizenship and returning the individual to the status of a PR.

That is, this is correct:
If they found you misrepresented yourself in your citizenship or PR application, they can revoke the citizenship (former case) and revoke citizenship and PR (latter case).
As usual, there are nuances. It may be that misrepresentations in the citizenship application process as to facts related to matters constituting security grounds for inadmissibility, human rights violations, or organized criminality, can result in both the revocation of citizenship and loss of PR status, which would be according to Section 10.5 in the Citizenship Act (same link as above) BUT it is not clear since this is not specifically referenced in Section 40(1)(d) IRPA, and it is difficult to find up-to-date authoritative sources about citizenship revocation . . . noting, for example, even the IRCC website information about revocation is woefully out-of-date.

See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/acquisition-loss/revocation.html for example. This page still refers to SCCA provisions like its version of Section 10(2) in the Citizenship Act, which listed numerous crimes (offences) for which a conviction would constitute grounds to revoke citizenship. That provision was repealed by Bill C-6, and was only applicable law from May 28, 2015 to June 18, 2017 (note the correction; I previously, erroneously, referred to this provision as applicable beginning in 2014). That version can be seen in archived law here: https://laws-lois.justice.gc.ca/eng/acts/C-29/section-10-20150528.html#wb-cont

What is particularly disconcerting about this webpage is that it was clearly updated AFTER Bill C-6 received Royal Assent, as it acknowledges that happening, and appears to also have been updated in December 2017 long AFTER the repeal of the SCCA version of 10(2) took effect, and also fails to update other provisions relating to the procedure for revocation, as also adopted in Bill C-6 and taking effect earlier in 2017.

Moreover, anyone trying to research this subject is likely to get bogged down in prominent law office website information that is likewise many years out-of-date.
 
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PMM

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Jun 30, 2005
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Hi

Risk of naturalized citizenship revocation for misrepresentation (and there are no other grounds) is low, and is very, very low absent a rather blatant, readily documented misrepresentation of significance. Technically any material misrepresentation is sufficient grounds, but practically there must be some more or less outright fraud.

So overall this is not something refugees should fear is hanging over their head . . . well, unless they did indeed engage in overt fraud. Which, it appears, more than a few have. And even then the risk of revocation proceedings is rather low.

Note Regarding Travel to Home Country After Becoming a Citizen:

Once a former refugee obtains citizenship in Canada, and is carrying a Canadian passport, the government of Canada provides that individual the same degree of protection it does any other citizen. While, for example, it would be rather foolish for Canadian tourists to flaunt homosexuality in a country that prosecutes and severely punishes homosexuals, it makes a huge difference if a person is a tourist or visiting on business, and traveling under the protection of the Canadian government, traveling with a Canadian passport, versus being a local person with no protection from any other government.

Which is to say, travel to an individual's home country with a Canadian passport tends to be safer, if not a lot safer. The world can still be a rather dangerous place, so of course anyone and everyone should approach travel to this or that particular country aware of the particular dangers potentially lurking there, but for many former refugees just carrying a Canadian passport is often enough to make it safe enough to visit their home country (although not always, so much caution should be exercised).

(Snip)

1. Please note that a number of countries (i.e. China) don't recognize dual citizens and your Canadian passport won't do you much good. Examples are:
Huseyn Celil, jailed for approximately a decade-and-a-half on terrorism charges related to his Uyghur advocacy; and Sun Qian, who was sentenced to eight years behind bars for being a Falun Gong practitioner.

The case of dual citizens is especially troubling, because China’s government will sometimes attempt to have prisoners renounce their citizenship, which Canada doesn’t recognize, and then not permit Canadian consular access.
 

dpenabill

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Apr 2, 2010
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1. Please note that a number of countries (i.e. China) don't recognize dual citizens and your Canadian passport won't do you much good. Examples are:
Huseyn Celil, jailed for approximately a decade-and-a-half on terrorism charges related to his Uyghur advocacy; and Sun Qian, who was sentenced to eight years behind bars for being a Falun Gong practitioner.

The case of dual citizens is especially troubling, because China’s government will sometimes attempt to have prisoners renounce their citizenship, which Canada doesn’t recognize, and then not permit Canadian consular access.
Yep.

Which is why I noted that the "world can still be a rather dangerous place, so of course anyone and everyone should approach travel to this or that particular country aware of the particular dangers potentially lurking there" and also added the caveat, regarding it is "often" safer and safe enough to go home carrying a Canadian passport, adding but "not always, so much caution should be exercised."

And this is not just about China.

But otherwise there are many former refugees who can travel to their home country either in safety or relative safety. And it is not just about carrying a Canadian passport. Many times things have changed and the dangers have been much reduced or largely eliminated.

Even in regards to the reavailment issue, for those who still have protected person status, visiting with the capacity to just leave can be far safer than being back in the country to stay. Those with protected person status should, nonetheless, NOT travel to the home country, but for those who have that does not necessarily mean they have reavailed themselves of that country's protection. And it does not mean they engaged in misrepresentations, in their applications for protected person status, about the dangers they faced there.
 

NaAzaAn

Hero Member
May 26, 2021
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Hello all,
I’ve noticed that applicants should copy all home country passport and refugee travel document papers as well.
My friend got back his home country passport last year,coz he didn’t need it and was expired,he tore it up.
So what should he do for the citizenship application?the only RTD is acceptable?
 

eanassah

Newbie
Sep 23, 2021
6
2
Hello everyone,

I wrote my citizenship test on July 14, 2021. I immediately got the results via e-mail - PASS. On July 16.

Today it is October 20, 2021 (over 3 months) and I have not heard anything from them at all. Is this normal waiting time? I was under the impression that within couple of weeks I would either get a request for an interview or some alternatively some information for the Oath Ceremony. IRCC hasn't required for my passport.


My online status says:
  • Language skills
    In progress
  • Physical presence
    In progress
  • Citizenship test
    Completed
  • Background verification
    Completed
  • Prohibitions
    In progress
  • Citizenship ceremony
    Not started
 
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dpenabill

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Apr 2, 2010
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@rousseau and @NaAzaAn I have responded in a separate thread, one specifically for asylum class (refugees and protected persons) citizenship applications NOT involving cessation or reavailment, here: https://www.canadavisa.com/canada-immigration-discussion-board/threads/refugees-applying-for-citizenship-issues-concerns-other-than-cessation.747479/

@eanassah it appears your post and query is not about cessation, reavailment, or even about an application by a refugee or protected person. Hopefully you will get some response in the other topics where you posted the same query.
 

rajkamalmohanram

VIP Member
Apr 29, 2015
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Hello all,
I’ve noticed that applicants should copy all home country passport and refugee travel document papers as well.
My friend got back his home country passport last year,coz he didn’t need it and was expired,he tore it up.
So what should he do for the citizenship application?the only RTD is acceptable?
Too bad. Well, he can only provide what he has. If he gets a passport request, he should simply tell them the truth.
 

immih754680

Newbie
Dec 22, 2021
5
0
I am looking to get some advice for my best friend and I came across this very informative thread. I have done some research so I will try to ensure that no one has to repeat what's already discussed.

As we know, misrepresentation is only grounds to revoke citizenship and cessation does not apply once you become a citizen.
My friend came to Canada when she was 14 years old (she is 20 now) and her entire family was accepted as protected persons. They have a good stable established life in Canada. She became citizen a few days ago. As we know she is free to travel to her home country now that she has protection under Canadian law, but could she face any consequences? It has been a long time and she wants to go back to see her sick grandfather who is actually very sick.
I understand no one can predict future but have there ever been cases where a former refugee's citizenship (or original claim) was challenged based on their travel to home country after citizenship.

Thanks to everyone for helping.
 

XoticMtl

Member
Apr 27, 2021
10
3
I am looking to get some advice for my best friend and I came across this very informative thread. I have done some research so I will try to ensure that no one has to repeat what's already discussed.

As we know, misrepresentation is only grounds to revoke citizenship and cessation does not apply once you become a citizen.
My friend came to Canada when she was 14 years old (she is 20 now) and her entire family was accepted as protected persons. They have a good stable established life in Canada. She became citizen a few days ago. As we know she is free to travel to her home country now that she has protection under Canadian law, but could she face any consequences? It has been a long time and she wants to go back to see her sick grandfather who is actually very sick.
I understand no one can predict future but have there ever been cases where a former refugee's citizenship (or original claim) was challenged based on their travel to home country after citizenship.

Thanks to everyone for helping.
No there is absolutely no fear of her citizenship being challenged no matter even if she ravels to the same country against which she or her parents made a refugee claim. The simple reason is that once you become Canadian citizen, you are traveling under the protection of the Canadian govt.
I am not aware of even a single case wherein anyone's citizenship was challenged after becoming a Canadian citizen....even if S/he traveled to their country of origin.
Misrepresenting is an altogether different ball game like if a person who had committed war crimes and didn't reveal such information of his past during his refugee claim or such major and culpable activities..
She is safe.
My 2 cents
 

immih754680

Newbie
Dec 22, 2021
5
0
No there is absolutely no fear of her citizenship being challenged no matter even if she ravels to the same country against which she or her parents made a refugee claim. The simple reason is that once you become Canadian citizen, you are traveling under the protection of the Canadian govt.
I am not aware of even a single case wherein anyone's citizenship was challenged after becoming a Canadian citizen....even if S/he traveled to their country of origin.
Misrepresenting is an altogether different ball game like if a person who had committed war crimes and didn't reveal such information of his past during his refugee claim or such major and culpable activities..
She is safe.
My 2 cents

Thanks