Hello everyone,
I’m looking for advice or, ideally, someone who has experience with refugee cessation cases in Canada and can point me in the right direction.
I claimed asylum in Canada when I was 18, in October 2019, and received protected person status in May 2021. At the time, I did not apply for a Refugee Travel Document (RTD) because I wanted to obtain permanent residence as soon as possible. My lawyer advised me not to travel until I received PR and told me that I could not return to my country of origin. I was also advised that once I became a PR, I could travel using my passport from my country of origin.
I received my PR in June 2024, and IRCC returned my passport from my country of origin to me along with my PR documentation.
My understanding was:
When I returned to Canada, the CBSA officer told me that he suggested I apply for a Refugee Travel Document and use that instead of my national passport. I genuinely had no idea that an RTD was even something I could use. The officer did not explain it as though I had broken any law by using my passport. It came across as a recommendation or preference, so I thanked him for the advice and went on with my plans.
Five days later, I was travelling to Saudi Arabia to visit my dad for the first time in six years and to perform Umrah. Because I was only going to be in Canada for five days between trips, I figured there was no point in applying for an RTD because I obviously would not receive it in time. I told myself I would apply when I returned.
After I returned from Saudi Arabia, a CBSA officer initiated a cessation of status case against me in January 2025.
I immediately applied for an RTD and surrendered my passport from my country of origin with the application. Since then, I have travelled exclusively using my RTD. Every time I return to Canada, I am referred to a CBSA officer who questions me because they can see that I have a cessation case pending.
I have not heard anything from IRCC or the IRB since the case was initiated. I have called both organizations, and I have been told that there is currently nothing they can tell me about the case.
I recently applied for Canadian citizenship, and from what I have been reading, it appears that my citizenship application may be put on hold while the cessation matter is unresolved.
I know I made a mistake. I should have done more research and sought legal advice before renewing and using my passport. At the time, however, it genuinely never crossed my mind that using my passport from my country of origin to travel to a third country could potentially be considered “re-availment.” being a PR of Canada. I had never travelled back to my country of origin, and I have never had any intention of returning there.
From what I understand, cessation based on re-availment generally involves three elements:
I had absolutely no intention of seeking protection from, or re-establishing myself in, my country of origin. I renewed the passport because I genuinely believed that, as a Canadian PR, I was permitted to use it for international travel.
I also never travelled to my country of origin. I travelled to Mexico and Saudi Arabia. I surrendered the passport as soon as I learned that it could create an issue and have used an RTD exclusively since then.
I am also visibly queer, and returning to my country of origin would put me at serious risk. Even travelling to Saudi Arabia and temporarily having to hide parts of myself caused me significant distress. I have spent years living openly and freely in Canada, and I cannot simply return to concealing who I am. If I were ultimately removed to my country of origin, I genuinely believe I would face persecution.
I realize that I should have been much more careful, and I am not trying to minimize my mistake. I am trying to understand what options I have now and whether there is anything I can do to address this situation.
Has anyone dealt with a similar cessation case involving the use of a national passport after obtaining PR?
Thank you.
I’m looking for advice or, ideally, someone who has experience with refugee cessation cases in Canada and can point me in the right direction.
I claimed asylum in Canada when I was 18, in October 2019, and received protected person status in May 2021. At the time, I did not apply for a Refugee Travel Document (RTD) because I wanted to obtain permanent residence as soon as possible. My lawyer advised me not to travel until I received PR and told me that I could not return to my country of origin. I was also advised that once I became a PR, I could travel using my passport from my country of origin.
I received my PR in June 2024, and IRCC returned my passport from my country of origin to me along with my PR documentation.
My understanding was:
- As a permanent resident, I could travel using the passport of my country of origin.
- As a permanent resident, I could not use a Refugee Travel Document because I was no longer a refugee and was now a PR.
When I returned to Canada, the CBSA officer told me that he suggested I apply for a Refugee Travel Document and use that instead of my national passport. I genuinely had no idea that an RTD was even something I could use. The officer did not explain it as though I had broken any law by using my passport. It came across as a recommendation or preference, so I thanked him for the advice and went on with my plans.
Five days later, I was travelling to Saudi Arabia to visit my dad for the first time in six years and to perform Umrah. Because I was only going to be in Canada for five days between trips, I figured there was no point in applying for an RTD because I obviously would not receive it in time. I told myself I would apply when I returned.
After I returned from Saudi Arabia, a CBSA officer initiated a cessation of status case against me in January 2025.
I immediately applied for an RTD and surrendered my passport from my country of origin with the application. Since then, I have travelled exclusively using my RTD. Every time I return to Canada, I am referred to a CBSA officer who questions me because they can see that I have a cessation case pending.
I have not heard anything from IRCC or the IRB since the case was initiated. I have called both organizations, and I have been told that there is currently nothing they can tell me about the case.
I recently applied for Canadian citizenship, and from what I have been reading, it appears that my citizenship application may be put on hold while the cessation matter is unresolved.
I know I made a mistake. I should have done more research and sought legal advice before renewing and using my passport. At the time, however, it genuinely never crossed my mind that using my passport from my country of origin to travel to a third country could potentially be considered “re-availment.” being a PR of Canada. I had never travelled back to my country of origin, and I have never had any intention of returning there.
From what I understand, cessation based on re-availment generally involves three elements:
- Voluntariness: The refugee must have acted voluntarily.
- Intention: The refugee must have intended to re-avail themselves of the protection of their country of nationality.
- Re-availment: The refugee must have actually obtained that protection.
I had absolutely no intention of seeking protection from, or re-establishing myself in, my country of origin. I renewed the passport because I genuinely believed that, as a Canadian PR, I was permitted to use it for international travel.
I also never travelled to my country of origin. I travelled to Mexico and Saudi Arabia. I surrendered the passport as soon as I learned that it could create an issue and have used an RTD exclusively since then.
I am also visibly queer, and returning to my country of origin would put me at serious risk. Even travelling to Saudi Arabia and temporarily having to hide parts of myself caused me significant distress. I have spent years living openly and freely in Canada, and I cannot simply return to concealing who I am. If I were ultimately removed to my country of origin, I genuinely believe I would face persecution.
I realize that I should have been much more careful, and I am not trying to minimize my mistake. I am trying to understand what options I have now and whether there is anything I can do to address this situation.
Has anyone dealt with a similar cessation case involving the use of a national passport after obtaining PR?
- Should I be seeking a lawyer who specifically practices refugee/cessation law?
- Is there anything I should be doing while the case is pending?
- How might this affect my citizenship application?
- Does the fact that I never returned to my country of origin, surrendered the passport immediately, and have since travelled exclusively with an RTD make a difference?
- Is there anything I should be documenting or preparing for the cessation proceedings?
Thank you.
