Refugee could lose PR and refugee status after returning to home country

[screech339]

http://nationalpost.com/news/politics/supreme-court-will-not-hear-case-of-refugee-who-could-lose-status-after-return-visit-to-sri-lankan/wcm/afc198ea-5755-4434-87ee-b00ed64dd539

I find it annoying that Cannon says "They are now second-class permanent residents,”. That is not true. There is a reason why refugee gets special set of rules from regular people who gotten PR outside refugee status. The point of refugee status is to get the applicant out as quickly as possible. They need to be accountable to their actions by returning to their home country from which they "fear for their lives". By returning to home country, you are now saying you no longer need Canada's protection. Your life is no longer in danger, thus your refugee status is no longer valid. If one want to take advantage of the refugee status to acquire PR be accountable to your actions after your obtained it.

Nilam knowingly violated his refugee PR rules twice. Now that he got caught, he went ahead and applied for citizenship and tried to force CIC through the court to process and finish his citizenship application before he officially loses PR status. The nerve of this guy. It is obvious that he was taking advantage of his refugee PR status and he says he is the victim? Nilam is among the many refugee PRs who took advantage of the refugee status procedures and returned home after obtaining PR.

If you want to return to your home country as a refugee, you need to get Canadian citizenship first, not before you obtain it.

 

[vancouverbc2013]

These people abusing the system and the generosity of Canadian immigration are running it for us!!!!!!
This is the reason immigration worldwide get thougher daily!!!!!!!!

 

[links18]

Just because you return to the country from which you claimed protection doesn't mean you aren't still in danger there. You might just have gotten lucky to get in and out. There could be compelling reasons why someone might want to risk returning. At the very least, someone in this situation is entitled to a hearing before any decision is made? But returning to the country is one thing, losing PR because you applied for a passport because you thought you needed one in advance of your Canadian citizenship application is another.

 

[Natan]

Upon becoming a PR, one should have all the same rights and privileges of any other PR. By having a different set of rules for PRs who immigrated as refugees, a second class of PR is created. The dangers of reavailment should only apply while the refugee has TRP status.

As a Canadian PR resident in Canada, one may be in far less danger visiting their home country than they would be living there without the protection of being a Canadian PR resident in Canada. (As a Canadian PR resident in Canada, a visitor may not present a threat to those who would put their life in danger.)

 

[screech339]

Upon becoming a PR, one should have all the same rights and privileges of any other PR. By having a different set of rules for PRs who immigrated as refugees, a second class of PR is created. The dangers of reavailment should only apply while the refugee has TRP status.

As a Canadian PR resident in Canada, one may be in far less danger visiting their home country than they would be living there without the protection of being a Canadian PR resident in Canada. (As a Canadian PR resident in Canada, a visitor may not present a threat to those who would put their life in danger.)

If that is true, then refugee PR should wait in line for PR status along with everyone else. Since they go through a different set of rules from regular PR, get speedy PR processing and special perks like free medicine / dental care and accommodation, they should be treated differently. If the refugee wants the same rights to go back to home country, they have two choices, apply for regular PR or acquire Canadian citizenship after you obtain refugee PR. Sorry they can't have their cake and eat it too.

 

[screech339]

Just because you return to the country from which you claimed protection doesn't mean you aren't still in danger there. You might just have gotten lucky to get in and out. There could be compelling reasons why someone might want to risk returning. At the very least, someone in this situation is entitled to a hearing before any decision is made? But returning to the country is one thing, losing PR because you applied for a passport because you thought you needed one in advance of your Canadian citizenship application is another.

He wasn't losing his PR because he was applying for Canadian citizenship. He was losing his PR because he returned to his country as a refugee twice where his life was supposedly in danger.

 

[Natan]

If that is true, then refugee PR should wait in line for PR status along with everyone else. Since they get speedy PR processing and special perks like free medicine / dental care and accommodation, they should be treated differently. If the refugee wants the same rights to go back to home country, they should have applied for regular PR, not refugee PR. Sorry you can't have your cake and eat it too.

Refugees who enter the country as TRP are entitled to medical care as are any other TRPs -- they're getting nothing special. Medical insurance is only free, or discounted, if they are beneath the poverty threshhold, which also applies to everyone else living in Canada whether they are a TRP, PR or citizen. It often takes a TRP longer to become a PR while resident in Canada than it does for someone to receive PR status from outside of Canada, precisely because the TRP is already in Canada and benefiting from their TRP status. TRPs are not having their PR status adjudicated more expeditiously than those outside of Canada, quite the reverse. TRPs resident in Canada may wait as long as five years before becoming PRs. Coming to Canada as a TRP is, perhaps, the very slowest path to PR status and citizenship. What's more, a TRP gets a SIN that starts with the number '9' -- many employers are quite open about not hiring personnel with a SIN that begins with a '9', giving TRPs a much tougher road to economic success than other immigrants.

 

[Natan]

He wasn't losing his PR because he was applying for Canadian citizenship. He was losing his PR because he returned to his country as a refugee twice where his life is supposedly in danger.

As a Canadian PR, his life may not have been in danger, precisely because he is a Canadian PR. Being returned home and losing Canadian PR status may put the refugee right back in a situation where their life is in danger again.

 

[screech339]

Refugees who enter the country as TRP are entitled to medical care as are any other TRPs -- they're getting nothing special. Medical insurance is only free, or discounted, if they are beneath the poverty threshhold, which also applies to everyone else living in Canada whether they are a TRP, PR or citizen. It often takes a TRP longer to become a PR while resident in Canada than it does for someone to receive PR status from outside of Canada, precisely because the TRP is already in Canada and benefiting from their TRP status. TRPs are not having their PR status adjudicated more expeditiously than those outside of Canada, quite the reverse. TRPs resident in Canada may wait as long as five years before becoming PRs. Coming to Canada as a TRP is, perhaps, the very slowest path to PR status and citizenship. What's more, a TRP gets a SIN that starts with the number '9' -- many employers are quite open about not hiring personnel with a SIN that begins with a '9', giving TRPs a much tougher road to economic success than other immigrants.

Gee, the guy who lost his fingers coming into Canada illegally from US has gotten his refugee PR status in a matter of weeks. Not years.

 

[screech339]

As a Canadian PR, his life may not have been in danger, precisely because he is a Canadian PR. Being returned home and losing Canadian PR status may put the refugee right back in a situation where their life is in danger again.

Actually when a Canadian PR returns to home country, they only recognize the person as it's citizen. Canadian PR outside Canada is meaningless as it has nothing to do with their country. They do not care what status you have outside its own country. It only effects the person when leaving the country to go back to Canada since PR card only then used.

 

[Natan]

Gee, the guy who lost his fingers coming into Canada illegally from US has gotten his refugee PR status in a matter of weeks. Not years.

Receiving PR status so quickly was such an UNUSUAL event, it was a headline. For most TRPs, It's a near five year wait to become a PR.

 

[screech339]

Receiving PR status so quickly was such an UNUSUAL event, it was a headline. For most TRPs, It's a near five year wait to become a PR.

There is a different between applying for refugee PR and applying for PR under humanitarian and compassionate reasons.

 

[Natan]

Actually when a Canadian PR returns to home country, they only recognize the person as it's citizen. Not Canadian PR in another country is meaningless as it has nothing to go with them. They do not care what status you have outside its own country. It only effects the person when leaving the country to go back to Canada since PR card only then used.

The proximate threat faced by most refugees is by non state actors (e.g., rogue police, criminals, gangs, armed militias, quasi governmental personnel). As a general rule, these actors are not the sort of people who are educated in the finer points of "the master citizenship rule" or "Canadian consular protections for permanent residents". The threat many refugees face is lessened when they cease to be resident in the place they are threatened; and/or are perceived to have international protection from other respected states (e.g., Canada).

 

[screech339]

The proximate threat faced by most refugees is by non state actors (e.g., rogue police, criminals gangs, armed militias, quasi governmental personnel). As a general rule, these actors are not the sort of people who are educated in the finer points of "the master citizenship rule" or "Canadian consular protections for permanent residents". The threat many refugees face is lessened when they cease to be resident in the place they are threatened; and/or are perceived to have international protection from other respected states (e.g., Canada).

Thus the reason that they don't recognized their PR status. These countries don't recognized that they have Canadian protection and what for anyway? They don't need to know the fine details their Canadian PR. They are "Sri Lakans" or "Insert citizenship" or whatever home country of refugee is. Refugee don't have "Canadian protection" the moment they enter their country. Refugee cannot get Canadian embassy help since they are NOT Canadians. They are on their own. Another reason why they should have not returned to home country in the first place. If they gotten citizenship first, then they would not be in this mess. If refugee want Canadian Protection in their own home country, they need to be Canadian and enter home country as a Canadian. Not as native citizenship.

Natan, you seem to think that you can force another country to recognize Canadian PR. You know they don't. They only recognize foreign national citizenship, whatever passport you used to enter and nothing else. If you are Sri Lankan refugee returning to Sri Lanka, you can't force Sri Lanka to see you as a Canadian. That is never going to happen. They will see you as it's own citizen returning home nothing more. No difference from a Canadian entering Canada or any foreign national entering their own country. The only way to force the country to see you other than Sri Lankan or your native citizen is to enter as Canadian.

The Dual-Egyptian reporter, Fahmy, entered Egypt as an Egyptian (used Egyptian passport instead of Canadian passport) and thus has to follow country's laws as an Egyptian. Since he gotten into trouble, he pulled a Canadian Passport. He would have gotten a lot more support from Canadians here if he actually enter Egypt as a Canadian. What he did basically constitutes as a "Canadian of Convenience". Only used it when he gets into trouble or when it suits him.

 

[Natan]

Thus the reason that they don't recognized their PR status. These countries don't recognized that they have Canadian protection and what for anyway? They don't need to know the fine details their Canadian PR. They are "Sri Lakans" or "Insert citizenship" or whatever home country of refugee is. Refugee don't have "Canadian protection" the moment they enter their country. Refugee cannot get Canadian embassy help since they are NOT Canadians. They are on their own. Another reason why they should have not returned to home country in the first place. If they gotten citizenship first, then they would not be in this mess. If refugee want Canadian Protection in their own home country, they need to be Canadian and enter home country as a Canadian. Not as native citizenship.

As I said, the actors who represent a proximate threat to most refugees are not state actors. As non state actors, they don't "recognize" citizenship. They are [extremely?] unlikely to know that Canada does not provide protection to PRs. These unsavoury actors are not standing around ports of entry inspecting passports and examining status documents and determining who is under native law and who is protected by foreign actors -- they're violent thugs, and not generally the brightest bulbs in the pack!

As visitors, and not residents, refugees are less likely to be perceived as threatening (e.g., an unwanted, minority ethnicity has, by virtue of "visiting", already been racially cleansed from the area -- they're no longer resident, they're only "visiting"). Further, having "status" in a well respected country, like Canada, may give these actors pause -- they're unlikely to want to be at the centre of an international incident which might redound unfavourably upon themselves.