After reading your explanation and on the very last line it seemed you are not a refugee (and angry for some reason after you acquired it) but just want to immigrate. so basically you're free to go back to your home country and loose your refugee and PR status since you dont need it at all. more of, forget about citizenship.OYW said:I am in need of legal advice regarding the possibility of "cessation".
I have become a permanent resident over 6 months ago by my arrival to Canada via "one-year window of opportunity" program. I am planning to visit my family in my home country for two weeks in January. I have already purchased my ticket, However, I just found out about the risk of "cessation" which applies to all the permanent residents with refugee status.
Family members acquire their status from their principle applicant, therefore It is obvious that I was given a refugee status, even though I was living freely in my home country while I was waiting for my visa and I have never claimed that I cannot go back to my home country in any part of my application. My refugee status (CR-1) was derived from my common-law partner's status as Convention Refugee (CR-1). To give you a better perspective I can say that my case is somehow similar to Ms.Esfand's case (Canada (Citizenship and Immigration) v. Esfand, 2015 FC 1190). In conclusion, after doing my research, I decided to get legal advice before I proceed with my travel plans. So my questions are as follows:
1-Could the federal court decision on Ms.Esfand's case,be considered as the precedent case to any similar cases?
2-All the federal cases regarding "cessation" are now discontinued, what does that mean?
3-Based on my situation and the precedent case would I still face the risk of "Cessation" by traveling to my home country?
4-If the answer is no, would I face any delay in my citizenship application due to a possible "cessation" order? Or as there is a precedent case, CIC finds it unreasonable or impractical to go after similar cases?
5-If the CIC issue a cessation order, how long the courts usually last? How much time and money (for legal assistance) I might need to consider?
6-Is it possible to sue the government for the incomprehensive law which gave me a refugee status which I didn't ask for and neither I was eligible in the first place! All I wanted was reunition with my partner.
7-can I sue the government for compensation for my distress?
8-If the only thing that matters in "Cessation" cases, is the status not how it was obtained. What precautions I must take as a person with refugee status?
9-As I did not consider myself a refugee by definition, I paid for my plane ticket and medical exam myself, and I did not ask for government assistance when I arrived, I simply find it unethical to exploit the government’s generosity while I am not a person in need. But why I have to be treated the same as a refugee without benefiting from anything? This incomprehensive law just makes no sense! I don't want to give up my home country passport in order to get a Travel Document.
Because the law is very clear about refugees are not advised to go back to their home country: http://yourlegalrights.on.ca/common-question/how-can-refugee-lose-their-status-canada
My advice you can try to come back to Canada and immigrate through EE or FSW if you just want to reunite with your partner. keep us posted
PS: why you want to sue Canadian government for your "distress" when Canada gave you a status that so many people need it the most (read: refugee) and in fact you signed all the application documents in the first place?