This very recent JR actually does mention that using your home country passport would be enough to lose status. In this case both used their home country passport to travel to their home country and neighbouring country. Unclear whether if person had only traveled to a 3rd country would have been enough but still a huge risk.
This individual used their passport to travel to their COP. To the best of my knowledge, we have yet to see a case where passport renewal and using that passport to travel to counties other than the COP resulted in cessation. Cessation cases have consistently involved travel to the COP.
Actually, the judge highlighted the use of the passport to travel to Thailand as part of the decision. Applicant couldn't claim extenuating circumstance while travelling to Thailand. They also noted the use of the passport to travel to Cuba.
Let’s say you got your passport before pr. If you travel outside of Canada how you are planing to come back? You don’t have refugee travel document, no Canadian visa? Only work permit doesn’t give you chance to come back or notice of decision.
Let’s say you got your passport before pr. If you travel outside of Canada how you are planing to come back? You don’t have refugee travel document, no Canadian visa? Only work permit doesn’t give you chance to come back or notice of decision.
Please refer to Bashir case on IRB website. In other words, “the fact the respondent voluntarily requested renewals of his Pakistani passport does not necessarily entail that, by doing so, he had the intention of reavailing himself of the protection of Pakistan.”
Please refer to Bashir case on IRB website. In other words, “the fact the respondent voluntarily requested renewals of his Pakistani passport does not necessarily entail that, by doing so, he had the intention of reavailing himself of the protection of Pakistan.”
Notice how I specified obtaining and using the home country passport. In OP’s case they want to obtain their home country passport and use it to travel to a 3rd country because that country does not accept RTDs. Very different scenario than Bashir. I still wouldn’t recommend getting a new home country passport while in Canada unless absolutely necessary for some reason other than travel.
Would be speaking to a lawyer about the risks of using your home county passport and what reasons for travel/length of travel may be considered an exceptional circumstance. Being a protected person or refugee comes with a lot of benefits but also comes with limitations including not being able to travel to certain countries. Canada is taking a much harder enforcement stance than they have in the past and gambling with your status in Canada until you get Canadian citizenship is extremely risky.
Not just using home country passport. Applying for a passport from your home country or using your home country's passport means you have accepted protection from them and so you do not need Canada's protection. Its the law. CBSA may decide to pursue ceassation
Not just using home country passport. Applying for a passport from your home country or using your home country's passport means you have accepted protection from them and so you do not need Canada's protection. Its the law. CBSA may decide to pursue ceassation
We are referring to what has lead to cessation cases. Would not recommend applying for your home country passport but in cases where it was not used to travel courts have not upheld cessation.
