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Can a refugee visit his country? will I see my brother again? is he lying to me?

Bornlucky

Hero Member
May 15, 2018
610
467
Hello there..
I’m a protected refugee since January 2017. And still waiting for PR. unfortunately my mother is very sick and she keeps telling me that she wants me to come to see her if things goes bad.. I’m really depressed and exhausted because I know if I tried to back home I’ll lose my protection and cause a problem to me and my kids ... I’d appreciate if anyone have an advice about this subject. Did any one obtained an emergency permission to enter his country?
Please give me any information because I’m in really hard situation.
I am very sorry to hear about your mother and I want to explain, in my opinion, that the Canadian Government would never authorize anything that would expose you to serious risk because of the obvious contradiction of offering you protection in the first instance. Some people may not empathize with your situation but no one should fault you for your anxieties. Stay strong and talk things out with people who you know and trust and good luck.
 
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Buletruck

VIP Member
May 18, 2015
6,686
2,531
Well, I’m going take a slightly different perspective in this one. While travelling to ones home country on the home country passport is in fact a potential reason for cessation, there are exceptions made for exceptional circumstances. It’s been noted by the courts and in some of the courts interpretations. Apparently, with an emergency travel document from your home country, travel may be possible (see below, specifically, para 47). This isn’t something I would ever try and attempt as a refugee (or pr as a result of refugee status) without the consultation of an exceptionally good and reputable immigration lawyer....no consultants. But there may be a way for you to make a quick visit.....but it won’t be easy.

https://www.canlii.org/en/ca/irb/doc/2016/2016canlii105329/2016canlii105329.html?searchUrlHash=AAAAAQAJQ2Vzc2F0aW9uAAAAAAE&resultIndex=3
 

fd said

Newbie
Jan 4, 2019
9
0
Well, I’m going take a slightly different perspective in this one. While travelling to ones home country on the home country passport is in fact a potential reason for cessation, there are exceptions made for exceptional circumstances. It’s been noted by the courts and in some of the courts interpretations. Apparently, with an emergency travel document from your home country, travel may be possible (see below, specifically, para 47). This isn’t something I would ever try and attempt as a refugee (or pr as a result of refugee status) without the consultation of an exceptionally good and reputable immigration lawyer....no consultants. But there may be a way for you to make a quick visit.....but it won’t be easy.

https://www.canlii.org/en/ca/irb/doc/2016/2016canlii105329/2016canlii105329.html?searchUrlHash=AAAAAQAJQ2Vzc2F0aW9uAAAAAAE&resultIndex=3
Thanks for the advice I will ask a lawyer about an emergency excuse .
 

fd said

Newbie
Jan 4, 2019
9
0
I am very sorry to hear about your mother and I want to explain, in my opinion, that the Canadian Government would never authorize anything that would expose you to serious risk because of the obvious contradiction of offering you protection in the first instance. Some people may not empathize with your situation but no one should fault you for your anxieties. Stay strong and talk things out with people who you know and trust and good luck.
Thanks for your kind advice.
 

fd said

Newbie
Jan 4, 2019
9
0
Unfortunately the rules about returning to your home country are pretty strict. You have told Canada that it is too dangerous for you to be in your home country and Canada has agreed to offer you protection. If you return to see your mother it appears that it you are not at risk of persecution.
I have a complete knowledge about the laws. And I’m sure every law should have exceptions. Especially there are many reasons behind seeking refugee and they are not all about living in danger. Some reasons are about the bad circumstances of living or poor health care that’s may put the kids who born in Canada in serious danger. I hope the Immigraiton of Canada put that in consideration. We’re grateful for being in protective country as Canada and me and my family are blessed to have the opportunity to become canadian. All I’m asking is few days to see my mother.
 

fd said

Newbie
Jan 4, 2019
9
0
Unfortunately the rules about returning to your home country are pretty strict. You have told Canada that it is too dangerous for you to be in your home country and Canada has agreed to offer you protection. If you return to see your mother it appears that it you are not at risk of persecution.
 

Buletruck

VIP Member
May 18, 2015
6,686
2,531
It’s not an excuse...it’s an exception and you will probably have to fight for it in court. It’s likely to be a long and difficult battle given the new mandate to CBSA to increase deportations. A refugee coming from their home country is an easy target to meet their mandate. But it is a possibility for you to explore. Again, extremely competent legal council is strongly suggested.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
I have a complete knowledge about the laws. And I’m sure every law should have exceptions. Especially there are many reasons behind seeking refugee and they are not all about living in danger. Some reasons are about the bad circumstances of living or poor health care that’s may put the kids who born in Canada in serious danger. I hope the Immigraiton of Canada put that in consideration. We’re grateful for being in protective country as Canada and me and my family are blessed to have the opportunity to become canadian. All I’m asking is few days to see my mother.

The reasons you stated are not grounds fo asylum: "bad circumstances of living or poor health care that’s may put the kids who born in Canada in serious danger." I agree that you should be seeking the advice of a lawyer. I don't think there are exceptions. Canada has offered you protection, healthcare, welfare, education, etc. In exchange the only thing that is required is that you not return to your home country until you are a citizen and that you don't renew your passport. You will have to weigh the risks after speaking with a lawyer.
 
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fd said

Newbie
Jan 4, 2019
9
0
It’s not an excuse...it’s an exception and you will probably have to fight for it in court. It’s likely to be a long and difficult battle given the new mandate to CBSA to increase deportations. A refugee coming from their home country is an easy target to meet their mandate. But it is a possibility for you to explore. Again, extremely competent legal council is strongly suggested.
Thanks again for your valuable advice . Regarding to the legal council, any suggestions or names that would help me in that
 

fd said

Newbie
Jan 4, 2019
9
0
The reasons you stated are not grounds fo asylum: "bad circumstances of living or poor health care that’s may put the kids who born in Canada in serious danger." I agree that you should be seeking the advice of a lawyer. I don't think there are exceptions. Canada has offered you protection, healthcare, welfare, education, etc. In exchange the only thing that is required is that you not return to your home country until you are a citizen and that you don't renew your passport. You will have to weigh the risks after speaking with a lawyer.
I respect that and I know we can’t have it all. I read about an emergency permission to attend a funeral and it was for 10 days. So the law does has exceptions and I hope I can find a way to get it.
 

Buletruck

VIP Member
May 18, 2015
6,686
2,531
I don't think there are exceptions.
Follow the link and read paragraph 47. The SCC has identified exceptions and the onus is on the minister to prove reavailment based on 3 criteria (all 3). So, there are exceptions and serious illness is one of them.
For legal council, try the forum sponsor.
 

Casablanca93

Star Member
Dec 23, 2018
54
37
No, once someone claims refugee status they can basically never return to their home country again. To do so would jeopardize their PR status or eventual citizenship application.

Refugee PRs can only meet their family members in Canada or other countries outside their home country.

Even though you are citizen you can't get back to your home country? (As visitor ) I'm wondering because I've seen a video of s guy who just came back to Colombia now he's Canadian citizen.
 

scylla

VIP Member
Jun 8, 2010
92,900
20,522
Toronto
Category........
Visa Office......
Buffalo
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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
Even though you are citizen you can't get back to your home country? (As visitor ) I'm wondering because I've seen a video of s guy who just came back to Colombia now he's Canadian citizen.
It's fine to go once you are a citizen. But not while you are a PR.
 
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