Personal Background:
I am a PR in Canada, who is also a protected person. I came to Canada in 2007 as a student, went through a lot of mess, and ended up with this status. I am living alone in Canada from past 10 years and haven't been able to go back home since 2008. I was granted my residency in 2015. I have completed my undergraduate from University of Waterloo and doing my second degree from University of Western Ontario now. I have successfully established an online business and paying approximately $60k taxes every year (not joking or exaggerating).
When I chose the path to become a refugee, I was unaware of all the hardships and harsh realities associated with it. I am not a political refugee and have no serious issues back in my country. My protected person status is due to my marriage with my EX-WIFE. We are divorced now and things are slightly in my favor back home. It’s not like I do not need Canadian protection anymore. I still have fears that I might be subjected to the harsh treatment by my society due to my past marriage. Since I came this far, I decided to reach the finish line and put an end to this immigration matter once and for all.
Since becoming the protected person in early 2011, I am following up on this cessation law. Day and Night, again and again, I googled the term "refugee cessation Canada 201X". Reading articles, case laws at Canlii, recommendations by lawyers, talk of politicians and discussing it with my family and friends. Sometimes reading the same information three or four times to figure out something, which might help me see my family.
When I see other PRs, who have all the rights in Canada, I feel myself as a second-class permanent resident here. So many times, I thought to set aside my Canadian life and identity, transfer my well saved fortune back to my home country, pack my bags, renew my home country passport and say bye to this country. This doesn’t mean I came here to take unfair advantage of this country, but it’s because my mother's health.
My mom in 2014 suffered severe heart issues. When I talk to her she pretends that everything is fine, but I can feel the pain in her voice. I can imagine how badly she wants to see me before any unfortunate event happens. She knows that I cannot come back so she doesn’t try to make it a big deal that her health is a problem. This makes me cry sometimes and force me to think that does this protection and life in Canada worth it? What good is a Canadian passport if I ever lose my mom and cannot even see her face one last time. I got the Canadian refugee travel document and planned to meet my family in a third country. My mother was not able to travel so I invited my brother to meet me. I travelled to a third country in 2016 and met him there. I saw him after 8 years and it felt like a dream. After living apart for so long, for a moment it felt like I was meeting with some stranger. I asked myself, does this struggle worth it when your relationship with your own family is in jeopardy. I missed my sister’s wedding and birth of my beloved niece. She is now 4 years old and barely knows me. I missed all my family events and all the love and comfort of my home. Every night when I try to sleep, I ask myself: IS THIS A PROTECTION OR A JAIL?
10 Years passed by asking the same question to myself, and yet here I am, still in Canada writing this little story for you. I chose to write all this so that I can tell all other PR + Refugees, who are in this spiral of madness, that they are not alone. We all are going through this pain together. Some have slightly better circumstances, since they have families in Canada, and some like me suffer bit more because they are alone. However, pain is the same regardless.
I apologize for taking your time and making you read my boring story, but this might help calm down someone who is in same shoes as me.
Law and Its Implications:
I will now talk about the real stuff.
Cessation of refugee status means that a person is found to no longer need protection as a refugee. Although the possibility of a cessation application is not new, however changes in the Canadian immigration law by conservative government have made the consequences much more drastic for people who were granted refugee status and are now permanent residents of Canada. Changes to the IRPA adopted in 2012 mean that a person automatically loses their permanent residence if the Immigration and Refugee Board (IRB) decides that they are no longer a refugee. I strongly believe that this Draconian immigration rule was a major step backwards in Canadian immigration policy, and have increased insecurity and mental health issues in refugees.
Since 2012, CBSA has made cessation applications a significantly higher priority. In their enthusiasm to identify cessation cases, CBSA is casting an inappropriately wide net and interpreting almost any contact with the country of origin as re-availment. CBSA has been arguing that cessation should apply in cases where individuals have done no more than applying for a passport, or have made short visits to the country of origin, for compelling reasons.
By the automatic operation of the law, a decision by the IRB to cessate refugee status results in the person losing permanent residence and becoming inadmissible to Canada. There is no H & C option available to refugees for at least one year and this maybe is harsher punishment than the treatment for other grounds of loss of permanent residence. A permanent resident who does not respect the residency requirements or even commits crime has the right to an appeal before the IAD, however no such appeal is available to a permanent resident who faces the loss of their status due to cessation. The impact of a cessation decision is that a person goes immediately from being a permanent resident to being inadmissible, without any rights in Canada. They are immediately removable.
An effected person with a Canadian citizen spouse might eventually be able regain permanent residence through a spousal sponsorship, but in the meantime, they would have to give up their job, spend extra money on lawyers and have no legal status in Canada. They might well be deported. If the person loses status through cessation, and then regains permanent residence through a spousal sponsorship application, what good is all the headache for by CBSA and CIC?
Many refugees used to feel that once they had permanent residence they were safe and no longer refugees. This sense is lost when it is understood that permanent residence is effectively conditional on their continuing to be recognized as refugees. It is unclear what permanent residence status means for refugees if it can be lost simply because they are no longer refugees. We are accustomed to thinking of permanent residence as a status that, once legitimately acquired, is independent of the grounds on which it was acquired. We don’t expect Skilled Worker immigrants to lose their status if they no longer work in their profession, or Family Class immigrants to be told to leave Canada if the family member that sponsored them dies. Canada is a nation built by immigrants: People need to feel that they belong to Canada before they invest, start a business or set down roots in Canada. People won’t feel they belong to this society if they know that any moment they can be asked to leave.
What to do:
1) Admit to yourself that you are in a luxurious Jail. Do not renew your home country passport and use it to go back home until the law in Bill C-31 is revoked or you become a CANADIAN CITIZEN.
2) Get a Canadian Travel Document and use it to see your family in some third country.
3) If you have no choice but to renew your passport to see your family (since some countries do not accept Canadian Travel Document), do not travel on it to your home country. Only use it to travel to the nearest third country to your home country (i.e. UAE, Dubai etc.). See the case law Bashir 2015.
4) If you absolutely must go back home, try getting married in Canada first. Since you can re-apply for PR using spousal sponsorship. This option is still dangerous because IRCC may argue that this is a “marriage of convenience”.
5) If you are not in a hurry, apply for your citizenship (thanks to passage of Bill C-6 in the senate) and then go back home. Your travel details in the application won’t show any visit to your home country. IRCC will not know from your application that you are a potential candidate for the cessation. When you come back and, are lucky enough, to not get clutched at the airport based CBSA screening, you will be fine. One less risk! Sometimes if you find a nice CBSA officer, he may let you go without reporting you to the IRCC.
6) If you cannot find a wife here, cannot wait to submit your citizenship application and have a real emergency, then just go back home. Family is more important than money and Canadian life. Remember, not every refugee who goes back home is caught. Some are caught at the airport, some get caught when they submit their PR Card renewal/Citizenship applications and some are not caught at all. It’s like stealing, not every thief is caught.
7) If you encounter cessation application, immediately contact the best Canadian immigrations lawyers such as Mario Bellissimo (Toronto), Erin Roth [Edelmann] (Vancouver), etc. It takes immigration approximately 2-3 years to get you out (given you go to federal courts etc.). Meanwhile, make as much money as you can and transfer it back home.
Option 5 above is my favorite. All experienced members, please comment.
Please also sign this petition I have started on the change.org.
https://www.change.org/p/honourable-john-mccallum-stop-refugees-deportation-from-canada-say-no-to-cbsa-refugee-cessation-applications
I hope, one day we will all go back home and see our families. Until then, let’s stay strong.
I am a PR in Canada, who is also a protected person. I came to Canada in 2007 as a student, went through a lot of mess, and ended up with this status. I am living alone in Canada from past 10 years and haven't been able to go back home since 2008. I was granted my residency in 2015. I have completed my undergraduate from University of Waterloo and doing my second degree from University of Western Ontario now. I have successfully established an online business and paying approximately $60k taxes every year (not joking or exaggerating).
When I chose the path to become a refugee, I was unaware of all the hardships and harsh realities associated with it. I am not a political refugee and have no serious issues back in my country. My protected person status is due to my marriage with my EX-WIFE. We are divorced now and things are slightly in my favor back home. It’s not like I do not need Canadian protection anymore. I still have fears that I might be subjected to the harsh treatment by my society due to my past marriage. Since I came this far, I decided to reach the finish line and put an end to this immigration matter once and for all.
Since becoming the protected person in early 2011, I am following up on this cessation law. Day and Night, again and again, I googled the term "refugee cessation Canada 201X". Reading articles, case laws at Canlii, recommendations by lawyers, talk of politicians and discussing it with my family and friends. Sometimes reading the same information three or four times to figure out something, which might help me see my family.
When I see other PRs, who have all the rights in Canada, I feel myself as a second-class permanent resident here. So many times, I thought to set aside my Canadian life and identity, transfer my well saved fortune back to my home country, pack my bags, renew my home country passport and say bye to this country. This doesn’t mean I came here to take unfair advantage of this country, but it’s because my mother's health.
My mom in 2014 suffered severe heart issues. When I talk to her she pretends that everything is fine, but I can feel the pain in her voice. I can imagine how badly she wants to see me before any unfortunate event happens. She knows that I cannot come back so she doesn’t try to make it a big deal that her health is a problem. This makes me cry sometimes and force me to think that does this protection and life in Canada worth it? What good is a Canadian passport if I ever lose my mom and cannot even see her face one last time. I got the Canadian refugee travel document and planned to meet my family in a third country. My mother was not able to travel so I invited my brother to meet me. I travelled to a third country in 2016 and met him there. I saw him after 8 years and it felt like a dream. After living apart for so long, for a moment it felt like I was meeting with some stranger. I asked myself, does this struggle worth it when your relationship with your own family is in jeopardy. I missed my sister’s wedding and birth of my beloved niece. She is now 4 years old and barely knows me. I missed all my family events and all the love and comfort of my home. Every night when I try to sleep, I ask myself: IS THIS A PROTECTION OR A JAIL?
10 Years passed by asking the same question to myself, and yet here I am, still in Canada writing this little story for you. I chose to write all this so that I can tell all other PR + Refugees, who are in this spiral of madness, that they are not alone. We all are going through this pain together. Some have slightly better circumstances, since they have families in Canada, and some like me suffer bit more because they are alone. However, pain is the same regardless.
I apologize for taking your time and making you read my boring story, but this might help calm down someone who is in same shoes as me.
Law and Its Implications:
I will now talk about the real stuff.
Cessation of refugee status means that a person is found to no longer need protection as a refugee. Although the possibility of a cessation application is not new, however changes in the Canadian immigration law by conservative government have made the consequences much more drastic for people who were granted refugee status and are now permanent residents of Canada. Changes to the IRPA adopted in 2012 mean that a person automatically loses their permanent residence if the Immigration and Refugee Board (IRB) decides that they are no longer a refugee. I strongly believe that this Draconian immigration rule was a major step backwards in Canadian immigration policy, and have increased insecurity and mental health issues in refugees.
Since 2012, CBSA has made cessation applications a significantly higher priority. In their enthusiasm to identify cessation cases, CBSA is casting an inappropriately wide net and interpreting almost any contact with the country of origin as re-availment. CBSA has been arguing that cessation should apply in cases where individuals have done no more than applying for a passport, or have made short visits to the country of origin, for compelling reasons.
By the automatic operation of the law, a decision by the IRB to cessate refugee status results in the person losing permanent residence and becoming inadmissible to Canada. There is no H & C option available to refugees for at least one year and this maybe is harsher punishment than the treatment for other grounds of loss of permanent residence. A permanent resident who does not respect the residency requirements or even commits crime has the right to an appeal before the IAD, however no such appeal is available to a permanent resident who faces the loss of their status due to cessation. The impact of a cessation decision is that a person goes immediately from being a permanent resident to being inadmissible, without any rights in Canada. They are immediately removable.
An effected person with a Canadian citizen spouse might eventually be able regain permanent residence through a spousal sponsorship, but in the meantime, they would have to give up their job, spend extra money on lawyers and have no legal status in Canada. They might well be deported. If the person loses status through cessation, and then regains permanent residence through a spousal sponsorship application, what good is all the headache for by CBSA and CIC?
Many refugees used to feel that once they had permanent residence they were safe and no longer refugees. This sense is lost when it is understood that permanent residence is effectively conditional on their continuing to be recognized as refugees. It is unclear what permanent residence status means for refugees if it can be lost simply because they are no longer refugees. We are accustomed to thinking of permanent residence as a status that, once legitimately acquired, is independent of the grounds on which it was acquired. We don’t expect Skilled Worker immigrants to lose their status if they no longer work in their profession, or Family Class immigrants to be told to leave Canada if the family member that sponsored them dies. Canada is a nation built by immigrants: People need to feel that they belong to Canada before they invest, start a business or set down roots in Canada. People won’t feel they belong to this society if they know that any moment they can be asked to leave.
What to do:
1) Admit to yourself that you are in a luxurious Jail. Do not renew your home country passport and use it to go back home until the law in Bill C-31 is revoked or you become a CANADIAN CITIZEN.
2) Get a Canadian Travel Document and use it to see your family in some third country.
3) If you have no choice but to renew your passport to see your family (since some countries do not accept Canadian Travel Document), do not travel on it to your home country. Only use it to travel to the nearest third country to your home country (i.e. UAE, Dubai etc.). See the case law Bashir 2015.
4) If you absolutely must go back home, try getting married in Canada first. Since you can re-apply for PR using spousal sponsorship. This option is still dangerous because IRCC may argue that this is a “marriage of convenience”.
5) If you are not in a hurry, apply for your citizenship (thanks to passage of Bill C-6 in the senate) and then go back home. Your travel details in the application won’t show any visit to your home country. IRCC will not know from your application that you are a potential candidate for the cessation. When you come back and, are lucky enough, to not get clutched at the airport based CBSA screening, you will be fine. One less risk! Sometimes if you find a nice CBSA officer, he may let you go without reporting you to the IRCC.
6) If you cannot find a wife here, cannot wait to submit your citizenship application and have a real emergency, then just go back home. Family is more important than money and Canadian life. Remember, not every refugee who goes back home is caught. Some are caught at the airport, some get caught when they submit their PR Card renewal/Citizenship applications and some are not caught at all. It’s like stealing, not every thief is caught.
7) If you encounter cessation application, immediately contact the best Canadian immigrations lawyers such as Mario Bellissimo (Toronto), Erin Roth [Edelmann] (Vancouver), etc. It takes immigration approximately 2-3 years to get you out (given you go to federal courts etc.). Meanwhile, make as much money as you can and transfer it back home.
Option 5 above is my favorite. All experienced members, please comment.
Please also sign this petition I have started on the change.org.
https://www.change.org/p/honourable-john-mccallum-stop-refugees-deportation-from-canada-say-no-to-cbsa-refugee-cessation-applications
I hope, one day we will all go back home and see our families. Until then, let’s stay strong.
