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urgent - refugee returned home country. need your help

lavocado917

Full Member
Feb 20, 2024
21
4
Hello i applied for refugee several years ago based on sexual orientation. my claim is literally genuine i am gay though and never lied on anything at any stage during the process until now i am a true refugee based on facts and can prove it at anytime ( before , now or later it is part of my life it is me )
after naturalization in 2023 i went to my home country for 1 year and half . i went to visit loved ones and saved some money i have a property and didnt have to pay rent also did some other things
for the record i entered using canadian passport although canadians are allowed into my home country for 3 months visa free

now that i want to return to canada
ive readed on forums that my situation counts as reavailement because i spent more than 3 months in a raw in my home country now i am worried .
actually i am a dial citizen my nationality from my home country can never be surrendered.

any leads would be appreciated.
thank you in advance
 
Last edited:

Buletruck

VIP Member
May 18, 2015
6,842
2,681
Hello i applied for refugee several years ago based on sexual orientation. my claim is literally genuine i am gay though and never lied on anything at any stage during the process until now i am a true refugee based on facts and can prove it at anytime ( before , now or later it is part of my life it is me )
after naturalization in 2023 i went to my home country for 1 year and half . i went to visit loved ones and saved some money i have a property and didnt have to pay rent also did some other things
for the record i entered using canadian passport although canadians are allowed into my home country for 3 months visa free

now that i want to return to canada
ive readed on forums that my situation counts as reavailement because i spent more than 3 months in a raw in my home country now i am worried .
actually i am a dial citizen my nationality from my home country can never be surrendered.

any leads would be appreciated.
thank you in advance
A year and a half! How is that a genuine claim if you can go back for a year and a half without concern?
 

canuck78

VIP Member
Jun 18, 2017
54,991
13,328
Hello i applied for refugee several years ago based on sexual orientation. my claim is literally genuine i am gay though and never lied on anything at any stage during the process until now i am a true refugee based on facts and can prove it at anytime ( before , now or later it is part of my life it is me )
after naturalization in 2023 i went to my home country for 1 year and half . i went to visit loved ones and saved some money i have a property and didnt have to pay rent also did some other things
for the record i entered using canadian passport although canadians are allowed into my home country for 3 months visa free

now that i want to return to canada
ive readed on forums that my situation counts as reavailement because i spent more than 3 months in a raw in my home country now i am worried .
actually i am a dial citizen my nationality from my home country can never be surrendered.

any leads would be appreciated.
thank you in advance
It appears that soon after getting Canadian citizenship you returned to live in your home country for at this point 1.5 years. Although technically legal this also could be viewed as misrepresenting your true risk of persecution given your asylum claim was relatively recent and assume the conditions in your country have not changed dramatically since your claim. Sadly exactly these types of situations that makes people turn against asylum seekers/refugees in Canada hurting those who are truly are at risk if they return to their home country. Many may go for a very short visit but 1.5 yrs soon after you got citizenship after Canada provided so much support is outrageous. Assume you also notified agencies like CRA that you have left Canada and asked them to determine your tax residency status. You may also be required to reapply for provincial healthcare given your long absence. Each province has a residency requirement which you must meet in order to still qualify for healthcare. A valid health card is not enough to qualify to healthcare.
 

scylla

VIP Member
Jun 8, 2010
95,358
21,793
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello i applied for refugee several years ago based on sexual orientation. my claim is literally genuine i am gay though and never lied on anything at any stage during the process until now i am a true refugee based on facts and can prove it at anytime ( before , now or later it is part of my life it is me )
after naturalization in 2023 i went to my home country for 1 year and half . i went to visit loved ones and saved some money i have a property and didnt have to pay rent also did some other things
for the record i entered using canadian passport although canadians are allowed into my home country for 3 months visa free

now that i want to return to canada
ive readed on forums that my situation counts as reavailement because i spent more than 3 months in a raw in my home country now i am worried .
actually i am a dial citizen my nationality from my home country can never be surrendered.

any leads would be appreciated.
thank you in advance
You are fine since you have Canadian citizenship.
 
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lavocado917

Full Member
Feb 20, 2024
21
4
You are fine since you have Canadian citizenship.
thank you a lot . really delightful to see a decent member like you answering properly unlike some others here just trolling and being judgemental on this forum that used to be my source of information. when admins like you became minority in online forums its really a shame .
people they are supposed to guide you are just trolling around , spreading false informations.
they either judge you or just want to bully although they dont know you in person

anyway thanks for giving me hope on online discussion as you can see above how some vip members targeting me instead of replying the question if they dont want to they could just ignore the thread
thanks tor showing me the light where there is none
and thanks for taking time to answer my inquiry
 
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Viktoriia12345

Full Member
Aug 27, 2024
25
13
I am far beyond of any refugee programs and the details related. And I'm not a VIP member either. But I can add my 5 cents here.

The time when I first entered Canada (back in March 2023) and was waited in the line for WP and other proper docs to be issues I was a witness of a terrible conversation between a person, who either applied for an asylum or was in a refugees status, and the CBSA officer. Apparently the person was returning from the country they claimed they're not safe and needed an asylum. The officer was extremely straight and demanded a short and exact answer for only one question: Why the person willingly visited the country where they were in danger (as they claimed). Also the officer was repeating that the person's status in Canada should be canceled. The person was trying to make an excuse telling that their entire family lived their (maybe they said something else, I don't remember) but the officers didn't buy it. I don't know how this had ended, the person was escorted to a private place, but the overall situation didn't look promising for them.

As I've written, I don't know anything about asylum neither in Canada not in any other country. And neither me nor any other my friends or family member were in your shoes. But what I definitely know is that my cousin missed hid dad's funeral as it was unsafe for him to travel their. And I am never enter to the country where my parents live as it might be unsafe for me (despite that I own property there and I am the only child)
 

canuck78

VIP Member
Jun 18, 2017
54,991
13,328
I provided correct information and had they returned for a week or two then that may be understandable but we are talking 1.5 years. That is returning to live in their home country soon after receiving citizenship. It is very well known that there is abuse in the asylum system. Given the current discourse around asylum seekers in Canada and the costs of the programs supporting them these types of situations only fuel the negative public opinion that many have regarding asylum seekers and refugees in Canada. We are also seeing pressure on IRCC to crack down on fraud misrepresentations. Although legally safe to travel to your home country as a citizen there would certainly be an argument whether an asylum case was misrepresented if within likely 5 years of the claim they spent 1.5 years living in their home country.
 
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lavocado917

Full Member
Feb 20, 2024
21
4
I am far beyond of any refugee programs and the details related. And I'm not a VIP member either. But I can add my 5 cents here.

The time when I first entered Canada (back in March 2023) and was waited in the line for WP and other proper docs to be issues I was a witness of a terrible conversation between a person, who either applied for an asylum or was in a refugees status, and the CBSA officer. Apparently the person was returning from the country they claimed they're not safe and needed an asylum. The officer was extremely straight and demanded a short and exact answer for only one question: Why the person willingly visited the country where they were in danger (as they claimed). Also the officer was repeating that the person's status in Canada should be canceled. The person was trying to make an excuse telling that their entire family lived their (maybe they said something else, I don't remember) but the officers didn't buy it. I don't know how this had ended, the person was escorted to a private place, but the overall situation didn't look promising for them.

As I've written, I don't know anything about asylum neither in Canada not in any other country. And neither me nor any other my friends or family member were in your shoes. But what I definitely know is that my cousin missed hid dad's funeral as it was unsafe for him to travel their. And I am never enter to the country where my parents live as it might be unsafe for me (despite that I own property there and I am the only child)
thanks for your insight and feedback.
much appreciated
accordingly
 

forevermore76

Hero Member
May 19, 2024
576
168
I am far beyond of any refugee programs and the details related. And I'm not a VIP member either. But I can add my 5 cents here.

The time when I first entered Canada (back in March 2023) and was waited in the line for WP and other proper docs to be issues I was a witness of a terrible conversation between a person, who either applied for an asylum or was in a refugees status, and the CBSA officer. Apparently the person was returning from the country they claimed they're not safe and needed an asylum. The officer was extremely straight and demanded a short and exact answer for only one question: Why the person willingly visited the country where they were in danger (as they claimed). Also the officer was repeating that the person's status in Canada should be canceled. The person was trying to make an excuse telling that their entire family lived their (maybe they said something else, I don't remember) but the officers didn't buy it. I don't know how this had ended, the person was escorted to a private place, but the overall situation didn't look promising for them.

As I've written, I don't know anything about asylum neither in Canada not in any other country. And neither me nor any other my friends or family member were in your shoes. But what I definitely know is that my cousin missed hid dad's funeral as it was unsafe for him to travel their. And I am never enter to the country where my parents live as it might be unsafe for me (despite that I own property there and I am the only child)
How do you end up with a CBSA agent to begin with? If you are a Canadian citizen, you just use the kiosk. I can't recall last time I had to speak with CBSA but I do travel pretty light and just breeze through as I never have anything to declare.
 

Viktoriia12345

Full Member
Aug 27, 2024
25
13
How do you end up with a CBSA agent to begin with? If you are a Canadian citizen, you just use the kiosk. I can't recall last time I had to speak with CBSA but I do travel pretty light and just breeze through as I never have anything to declare.
Ok, I assumed the officer was a CBSA agent as I was crossing the Canadian border, but I'm not 100% sure. If you say I shouldn’t had met them in an airport, I probably hadn't. It might have been someone from IRCC or someone else, whoever issues work permits at the port of entry. It definitely was after the kiosk thing and was right after (or instead, don't remember) the officer checks your passport/visa/etc. And, if I'm not mistaken, it was before they sent me to declare all my staff accompanying me to Canada (dog, money and luggage sent by a delivery company).
I should have mentioned it was the first time I entered Canada as a temporary worker, not as a Canadian PR holder or citizen.
 

davenportdiamond

Full Member
Sep 21, 2023
32
18
I understand where the other commenters are coming from when they say that staying in your country of nationality for extended periods of time immediately after naturalization can suggest misrepresentation.

However, depending on the nature of your claim, I don't think this will necessarily be conclusive evidence of misrepresentation. LGBT+ claims are often based on a risk of widespread discrimination that rises to the level of persecution (social exclusion, discrimination while accessing education and employment and so on) as opposed to more isolated and specific risks common with other grounds. You may not necessarily be at risk of death or imprisonment (especially if you remain closeted) simply by being in your country of nationality.

Obviously, this doesn't matter before you're a citizen since the test for cessation is whether you voluntarily traveled to your country of nationality, not whether doing so would have been risky.

Since you're a citizen, however, if your status is to be revoked the test will be whether you misrepresented yourself. Depending on your basis of claim or interview, you may very well have been upfront that there is no immediate threat to your life, or that while you are at risk, it is not very high. It makes sense under these circumstances that you might wish to travel to your country of nationality.

Even if you were at a high risk, you have the right to accept that risk. It is possible that you knew there was a significant chance you would get killed, but you decided to travel anyway because you felt that the purpose of your travel was worth risking your life over. Nonetheless, this will be a little harder since you will have to convince the court (or IRCC if you consent to administrative processing of revocation of citizenship) that you knowingly took the risk (as opposed to believing that there was no risk at all).

This is not legal advice.