ABscientist referred to the why and such, largely about verifying refugee status.
But it should be recognized that what has been different is the extent to which CIC has, somewhat recently, been scrutinizing
Permanent Residents who came to Canada as refugees, not so much to verify that they were legitimately refugees when they came to Canada or when they were granted PR status . . . but to determine
if they still qualify as refugees or for protected person status.
In particular, there have been numerous
cessation cases recently, including a number involving PRs applying for citizenship. These are cases in which CBSA or CIC has instigated proceedings to terminate refugee or protected person status.
This has become a more high profile issue because of a change in the law in December 2012 which now provides that cessation of refugee status
automatically terminates PR status.
And, in particular, continued qualification for refugee status is something now being scrutinized when refugee PRs apply for citizenship.
While it is too complicated to reduce to simple declarative rules, what it practically amounts to is that CIC is looking for refugee PRs who:
-- have traveled to their home country, or
-- obtained a passport from their home country
-- especially targeting those who have done both, that is those who have traveled to their home country and obtained a passport from their home country
One of the key technical terms is "reavailment." If a refugee or protected person
reavails himself or herself of the protection of their home state, their status as a refugee or protected person may be deemed ceased or terminated. That automatically terminates PR status. That, in turn, will result in the denial of a citizenship application.
Many PRs who came to Canada as a refugee have little or no clue about this. Many do not realize that just visiting their home country or obtaining a passport from their home country can result in the loss of refugee status, the loss of PR status, and if a citizenship application is in process, the denial of citizenship.
Indeed, in a number of cases it has specifically been the citizenship application which has triggered proceedings to terminate refugee status (pursuant to referral to CBSA from CIC), thus terminating PR status, thus precluding eligibility for citizenship.
This is not going down smoothly. Multiple cases have resulted in questions being certified for further review by the Federal Court of Appeals. Both the Federal Courts and even the IRB have, at least to some extent, balked some in how draconian this could be.
For an example of the IRB framing its decision so that the application by the Minister did
not result in the termination of the individual's PR status, even though it determined his refugee status had ceased, see
the MAZIN HELMY ISMAEL AL-OBEIDI decision.
Just this last week, the Federal Court quashed a cessation decision by the IRB, see
the DAVIS WILLIAM LEZAMA CERNA decision.
Both of these cases involved individuals applying for citizenship. In the
Cerna case in particular, the Federal Court identified the refugee's lack of understanding about the extent to which his PR status was at risk.
In any event, bottom-line, yes CIC is asking questions of citizenship applicants relative to their status as a refugee. And those who have traveled to their home country, or obtained a passport from their home country, face a risk which suggests it would be a good idea to see a lawyer sooner rather than later.
Surprised me for sure
