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PR

harlowbyrd

Full Member
Apr 3, 2016
21
0
Guys I need your help!

I was a refugee, after I became permanent resident I traveled to my home country. When I came back officer opened a file about this. For my second trip I didnt travel to my homecountry, but to neighbouring country of my homecountry. When I came back to canada officet asked me if I had an ETA. I replied, no do I need one ? He then sent me to the immigration... and officer there explained me that file has been opened and whule nothing is donr about this at the monment. I mah lose my pr. Please someone tell what are my chance of losing my residence ? Im very desperate.
 

key78

Star Member
Aug 23, 2015
181
7
Job Offer........
Pre-Assessed..
The Minister of Immigration, Refugees and Citizenship Canada (IRCC) can apply to the Immigration and Refugee Board (IRB) for an order that takes away someone's status as a protected person. And therefore, his PR as a protected person

One type of order that does this is called a "cessation" order. (The Minister can also apply for a “vacation” order. There are also other reasons for cessation not discussed here.)

What is cessation?
The IRB makes a cessation order if it decides after a hearing that a person no longer needs refugee protection.

In some cases, cessation can lead to a refugee also losing their permanent resident status.

Even permanent residents who have lived in Canada for many years could be forced to leave.

One of the reasons that a refugee can lose their permanent resident status is if they voluntarily go back under the protection of their "country of nationality". This is the country they were a citizen of when they fled.

Going back under the protection of the country of nationality is called "re-availment".

The Minister may apply for cessation based on this reason if a protected person has:

travelled to their country of nationality
applied for or renewed a passport issued by that country
How would the Minister find out about a person's passport or travel history?
When a permanent resident comes back to Canada, a Canada Border Services Agency (CBSA) officer questions them.

CBSA officers look for cases where the Minister could apply for cessation.

The Minister might also apply for cessation if a protected person applies for Canadian citizenship and has visited their home country in the last four years.

Citizenship and Immigration Canada (CIC) asks citizenship applicants about every trip they took outside Canada in the last four years. They have to say where they went, for how long, and the reason they travelled.

CIC can also get information from CBSA about every time a person enters Canada.

Any type of application that asks for information about travel history could put a protected person at risk. This is because it could lead to the Minister applying for cessation.

These types of applications include:

an application for Canadian citizenship
an application to Passport Canada for a refugee travel document
an application to CIC for a new or replacement permanent resident card
an application to CIC to sponsor a spouse or partner in the home country if the sponsor has visited them there

How can a permanent resident avoid a cessation application?
A protected person who is not a Canadian citizen should:

not apply for or renew a passport from their country of nationality or travel to that country
get legal advice before making any application to CIC or Passport Canada
If they need to travel, they should use a refugee travel document instead of a passport from their country of nationality. If they need to go back to that country, they should get legal advice before going so they understand the risks.

A protected person should also get legal advice before applying for citizenship in a country other than Canada.

Getting a new citizenship can also lead to a cessation order that strips a refugee of their permanent resident status and leads to removal from Canada.


What should a protected person do if the Minister has applied for cessation?
They should get legal help.

A lawyer may be able to convince the IRB that the Minister's application should fail. For example, the person may have returned to their country or gotten a passport for reasons that show that they didn't go back under the protection of that country.

If there already is a cessation order, it is difficult to challenge the decision. But a lawyer can ask the Federal Court if it will agree to review the decision.

Yes there is a high chance of losing it and being deported from Canada. Governmentstrip permanent resident status from refugees who were granted asylum in Canada and later returned to the country where they once faced persecution.




http://www.cic.gc.ca/english/resources/tools/refugees/vacation/index.asp
 

harlowbyrd

Full Member
Apr 3, 2016
21
0
I see.

But he said that nothing has been done about it. What does it mean ? That they may not do anything about it or they still will but later on ?
 

betteka

Hero Member
Dec 11, 2015
232
13
harlowbyrd said:
Guys I need your help!

I was a refugee, after I became permanent resident I traveled to my home country. When I came back officer opened a file about this. For my second trip I didnt travel to my homecountry, but to neighbouring country of my homecountry. When I came back to canada officet asked me if I had an ETA. I replied, no do I need one ? He then sent me to the immigration... and officer there explained me that file has been opened and whule nothing is donr about this at the monment. I mah lose my pr. Please someone tell what are my chance of losing my residence ? Im very desperate.
Sorry to say but you just messed up your refugee status and now CBSA can deport you back to your home country. It was very clear when your lawyer and all the documents says that a refugee is not advised to go back to their home countries.

http://yourlegalrights.on.ca/common-question/how-can-refugee-lose-their-status-canada

How can a refugee lose their status in Canada?


The IRB makes a cessation order if it decides after a hearing that a person no longer needs refugee protection.

In some cases, cessation can lead to a refugee also losing their permanent resident status.

Even permanent residents who have lived in Canada for many years could be forced to leave.

One of the reasons that a refugee can lose their permanent resident status is if they voluntarily go back under the protection of their "country of nationality". This is the country they were a citizen of when they fled.

Going back under the protection of the country of nationality is called "re-availment".

The Minister may apply for cessation based on this reason if a protected person has:

travelled to their country of nationality
applied for or renewed a passport issued by that country
How would the Minister find out about a person's passport or travel history?
When a permanent resident comes back to Canada, a Canada Border Services Agency (CBSA) officer questions them.

CBSA officers look for cases where the Minister could apply for cessation.

The Minister might also apply for cessation if a protected person applies for Canadian citizenship and has visited their home country in the last four years.

Citizenship and Immigration Canada (CIC) asks citizenship applicants about every trip they took outside Canada in the last four years. They have to say where they went, for how long, and the reason they travelled.

CIC can also get information from CBSA about every time a person enters Canada.
After all those effort going through your hearing, getting your PR is now a waste because you can't wait until you get your Canadian citizenship (if you were planning to).
 

harlowbyrd

Full Member
Apr 3, 2016
21
0
When you say may apply fot cessation you mean he may apply or it is highly likely that he will apply ? I think before my appointment I will have a heart attack
 

key78

Star Member
Aug 23, 2015
181
7
Job Offer........
Pre-Assessed..
The Minister of Immigration, Refugees and Citizenship Canada (IRCC) can apply to the Immigration and Refugee Board (IRB) for an order that takes away someone's status as a protected person. And therefore, his PR as a protected person

so you can expect it any time. They will contact you any time. Just make sure you have the legal assistance ready too. They report many people daily and it takes time to reach to your file.

NO ONE EVER SHOULD PLAY WITH THE GOVERNMENT ESPECIALLY WHEN IT COMES TO IMMIGRATION.
 

key78

Star Member
Aug 23, 2015
181
7
Job Offer........
Pre-Assessed..
harlowbyrd said:
I see.

But he said that nothing has been done about it. What does it mean ? That they may not do anything about it or they still will but later on ?
It means "get ready for it"
 

betteka

Hero Member
Dec 11, 2015
232
13
key78 said:
The Minister of Immigration, Refugees and Citizenship Canada (IRCC) can apply to the Immigration and Refugee Board (IRB) for an order that takes away someone's status as a protected person. And therefore, his PR as a protected person

so you can expect it any time. They will contact you any time. Just make sure you have the legal assistance ready too. They report many people daily and it takes time to reach to your file.

NO ONE EVER SHOULD PLAY WITH THE GOVERNMENT ESPECIALLY WHEN IT COMES TO IMMIGRATION.
Couldn't said it better.
 

harlowbyrd

Full Member
Apr 3, 2016
21
0
key78 said:
The Minister of Immigration, Refugees and Citizenship Canada (IRCC) can apply to the Immigration and Refugee Board (IRB) for an order that takes away someone's status as a protected person. And therefore, his PR as a protected person

so you can expect it any time. They will contact you any time. Just make sure you have the legal assistance ready too. They report many people daily and it takes time to reach to your file.

NO ONE EVER SHOULD PLAY WITH THE GOVERNMENT ESPECIALLY WHEN IT COMES TO IMMIGRATION.
basically you are telling me that I 100% lost my status
 

ghonghadze

Star Member
Nov 15, 2014
107
55
Several issues are important in this topic. when did you go to your Country first ? and when was the file opened ? if they opened the file some years ago and nothing happened since then it means that they will look at it when you apply for your PR or for Citizenship. This process is very long process and it will not bee in 2 or 3 years. and plus there is another issue here which is Humanitarian, if the guy has been living in canada for over many years and is very much close to Canada there are some other things to do. How did you travel with your Old Country passport or did you renew the passport ? in addition to all that if you provide the evidence that even though you visited your country and there was still the persecution of yours , you will be fine. But you have to prove that there is still a threat to your life.
 

CaroM8

Hero Member
Feb 26, 2015
818
85
Ottawa
Category........
FAM
Visa Office......
Mexico City
App. Filed.......
26/09/2016
AOR Received.
20/10/2016 - SA:25/10/2016 - AOR2: 22/12/16
File Transfer...
25/10/2016
Med's Done....
Upfront
Passport Req..
11-10-2017
LANDED..........
14-11-2017
I don't understand when refugees travel back to their home country. I thought the whole purpose of a refugee status was that you could NOT return to your home country for fear of persecution, death or other really bad things??? What's the point of going through this really long and difficult process, just to go back? smh
 
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key78

Star Member
Aug 23, 2015
181
7
Job Offer........
Pre-Assessed..
harlowbyrd said:
basically you are telling me that I 100% lost my status
It's a long process, but you will face it for sure either before applying for citizenship or when you apply for citizenship. it takes years sometimes to reach to your file.

Anyways, make sure you have the legal assistance that might help you
 

Buletruck

VIP Member
May 18, 2015
6,667
2,521
I don't understand when refugees travel back to their home country. I thought the whole purpose of a refugee status was that you could NOT return to your home country for fear of persecution, death or other really bad things??? What's the point of going through this really long and difficult process, just to go back?
And that's probably why the government takes the steps to revoke their PR's. The government and the people of Canada take a pretty dim view of misrepresentation as a whole, and that's what this is. I know of at least 1 family and a few individual refugees that have or are contemplating applying for a passport from their home country and plan to return "for a few years" or for an extended visit, despite being advised against it. Poor life choices I guess.
 

FISHER321

Full Member
Sep 3, 2016
31
11
Hey guys ..don't be so negative....IRB will not take such decision so easy, i read the whole act about re-availment i know what i am talking about...for your info...renew of home country passport could fall under re-avalment (accept of home country protection) and flying to third country using same passport too.
Opening a file doest mean end of life...they want to make sure of the reason ..why did you travelled back home...there are some cases where the refugee was forced to travel...like to escape his son or daughter in middle of war and he had no one to help them overthere...in such case what will you do...simply sit and wait them to be killed!!!!!!another reason that one of his parents about to die and has no sisters /brothers to take care of.
Canadian authorities are of humanitarian understanding culture , they may allow if there is a relevant reason.
but of course, if he traveled just for family visit or attempt to give wrong info to the officer ..then he will be in dam.....

read this:
http://www.canadavisa.com/canada-immigration-discussion-board/refugee-homecountry-visits-t316034.15.html