Fate of dependents

[Al01]

Hello,

I been looking for an answer for a long time but there's no info at all about such case.

"What happen to the dependents when the main refugee claimant return to home country?"

More details: dependents are in canada & were included in the refugee claim, refugee claim was positive, got PR through the refugee program.

Any info would be appreciated.

 

[zak86]

Hello,

I been looking for an answer for a long time but there's no info at all about such case.

"What happen to the dependents when the main refugee claimant return to home country?"

More details: dependents are in canada & were included in the refugee claim, refugee claim was positive, got PR through the refugee program.

Any info would be appreciated.

anyone whose name is in the notice of decision if travel to the home country before citizenship can face revilement and PR cessation as per IRPA 7A,b, and c...
you can check the UN handbook for more details as they quote that law and put cessation GOOD LUCK

 

[Simba112]

Hello,

I been looking for an answer for a long time but there's no info at all about such case.

"What happen to the dependents when the main refugee claimant return to home country?"

More details: dependents are in canada & were included in the refugee claim, refugee claim was positive, got PR through the refugee program.

Any info would be appreciated.

Was dependant falls under "Conventioanl Refugee Class Abroad as accompanying family member" OR "Inland Claimant Involving Family members"? There are three different court ruling in that regard,

 

[Al01]

Was dependant falls under "Conventioanl Refugee Class Abroad as accompanying family member" OR "Inland Claimant Involving Family members"? There are three different court ruling in that regard,

It's "Inland Claimant" since the refugee was claimed inside Canada.

 

[sohaib1]

It's "Inland Claimant" since the refugee was claimed inside Canada.

i believe the dependants in land has also follow the same as refugee claimant

 

[Simba112]

It's "Inland Claimant" since the refugee was claimed inside Canada.

If individual risk was assessed for inland applicant and accompanying family members were included in notice of decision, then they fell within the ambit of paragraph 95(1)(b), and consequently the RPD has jurisdiction to cease protected person status. In simple word, if they appears on NOD, they have protected status

 

[Al01]

If individual risk was assessed for inland applicant and accompanying family members were included in notice of decision, then they fell within the ambit of paragraph 95(1)(b), and consequently the RPD has jurisdiction to cease protected person status. In simple word, if they appears on NOD, they have protected status

So will the cessation of the main applicant's refugee status affect the dependents as well? (If they didn't leave Canada at all)

 

[Simba112]

So will the cessation of the main applicant's refugee status affect the dependents as well? (If they didn't leave Canada at all)

NO. It will not affect them provided they have protected status

 

[Al01]

NO. It will not affect them provided they have protected status

Thank you so much for solving my dilemma.
May I know based on what sources you concluded this answer?

 

[Simba112]

Thank you so much for solving my dilemma.
May I know based on what sources you concluded this answer?

If one family member re-avail and Minister makes cessation application and is granted, then that member becomes inadmissible not the rest of other members with protected status. 42 (1 ) of IRPA grants waiver to protected person when it comes down to inadmissible members but applies to family class and temporary residence application. Please take this as my own view, i am not immigration lawyer but someone with interest in IRB, IRPA and refugee's determination/guidelines and related laws. In further doubt, consult immi lawyer

 

[Al01]

If one family member re-avail and Minister makes cessation application and is granted, then that member becomes inadmissible not the rest of other members with protected status. 42 (1 ) of IRPA grants waiver to protected person when it comes down to inadmissible members but applies to family class and temporary residence application. Please take this as my own view, i am not immigration lawyer but someone with interest in IRB, IRPA and refugee's determination/guidelines and related laws. In further doubt, consult immi lawyer

Thank you again, really appreciate your replies.

 

[canuck78]

It's "Inland Claimant" since the refugee was claimed inside Canada.

Were your dependents included on the initial asylum claim as also needing protection? It doesn’t sound like they were. It sounds like you received asylum and then sponsored them but they were in Canada. That was what @Simba112 was wanting to know.

 

[Al01]

Were your dependents included on the initial asylum claim as also needing protection? It doesn’t sound like they were. It sounds like you received asylum and then sponsored them but they were in Canada. That was what @Simba112 was wanting to know.

Everyone claimed protection in land, but "All the claimants have based their claims on the story of the principal claimant."

 

[canuck78]

Everyone claimed protection in land, but "All the claimants have based their claims on the story of the principal claimant."

When you first applied for asylum was it only you who applied for protected status or did the whole family apply for protected status? Were they all at the hearing?

 

[Al01]

When you first applied for asylum was it only you who applied for protected status or did the whole family apply for protected status? Were they all at the hearing?

Everyone applied and everyone attended the hearing.