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Protected person spouse in Canada.

Djtee

Newbie
Jul 1, 2019
3
0
Hello everyone,

I would like some clarification about my case as I am abit confused and don’t know what to do.

I came to Canada with my wife and we both filed a refugee claim unfortunately our claim was denied at first hearing. At the appeal my wife was considered a convention refugee and I was not considered a refugee and was asked to go back to my home country.
I filed a judicial reveiw at federal court and was denied again. At this point we already submitted my wife’s PR application in March 2018. In May 2019 we both got our PR on the same day. I got my PR as a dependant to my wife.

My question now is “Am I still considered a refugee (knowing well my claim was denied and dismissed) and is there a risk for me if I travel back to my home country?.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
Hello everyone,

I would like some clarification about my case as I am abit confused and don’t know what to do.

I came to Canada with my wife and we both filed a refugee claim unfortunately our claim was denied at first hearing. At the appeal my wife was considered a convention refugee and I was not considered a refugee and was asked to go back to my home country.
I filed a judicial reveiw at federal court and was denied again. At this point we already submitted my wife’s PR application in March 2018. In May 2019 we both got our PR on the same day. I got my PR as a dependant to my wife.

My question now is “Am I still considered a refugee (knowing well my claim was denied and dismissed) and is there a risk for me if I travel back to my home country?.

No you are no considered a protected person.

You can anticipate a negative reaction from many if people discover you travelled home after you just filed for asylum, appealed and filed a judicial review.
 

Djtee

Newbie
Jul 1, 2019
3
0
Thanks for your reply.

But who are the people you are referring to in your comment? CBSA or Immigration ?
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Thanks for your reply.

But who are the people you are referring to in your comment? CBSA or Immigration ?
People on the forum. It indicates that your asylum claim may have been bogus, on the basis that you are happy to return to your country of citizenship so soon.
 

Djtee

Newbie
Jul 1, 2019
3
0
People on the forum. It indicates that your asylum claim may have been bogus, on the basis that you are happy to return to your country of citizenship so soon.
It’s not that I’m not planning to go back to my country so soon just want to know if I’m in the position of applying for a travel document in Canada or traveling using my country of origin’s passport to other countries.
I’ve read a lot referring to cessation of status and also want to be sure of any risk am I be at traveling using my country passport.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
It’s not that I’m not planning to go back to my country so soon just want to know if I’m in the position of applying for a travel document in Canada or traveling using my country of origin’s passport to other countries.
I’ve read a lot referring to cessation of status and also want to be sure of any risk am I be at traveling using my country passport.
Legally, you are not at risk using your national passport. If you have been denied protected person / convention refugee status, why would Canada issue you a travel document?
 

danjay

Member
Jul 30, 2017
11
5
Under OHIP you are considered a protected person (this is a good thing) you do not have to wait 3 months for your OHIP benefits to kick in. U are eligible for OHIP benefits the day you land in Canada