Refugee status cessation and PRs applying for citizenship

[abff08f4813c]

New cessation case: https://www.canlii.org/en/ca/fct/doc/2025/2025fc1672/2025fc1672.html

This is a tough one.

The first reason - to attend to her ill father - was accepted as "exceptional" by the RPD. This happened during COVID, incidentally.

I know that virtual funerals are a thing, https://www.cnn.com/2020/04/16/health/virtual-funerals-coronavirus-wellness - but someone willing to take that risk during peak COVID, prior to a vaccine, of international travel to attend a funeral.. if someone is willing to risk their life against an inhuman agent of nature like that, to me that strongly suggests that the applicant also would have been willing to travel despite the risk of persecution and even on fear of pain of death from the state (and so not due to a lack of persecution).

But for the IVF in 2022 - if Canada didn't work for the IVF, why not try to get a visa to do it in the nearby US? Or go to a country like Jordan that is visa free for Egyptian citizens - they have places that can do IVF. (edit: for example, https://ivf-worldwide.com/ivf-directory/asia/jordan/4021-hope_fertility_clinic.html )

But unlike the previous case ( https://www.canlii.org/en/ca/fct/doc/2025/2025fc1596/2025fc1596.html ), this doesn't seem like one where the applicant was warned about the consequences of travel to Egypt by CBSA at any point in time.

I suspect that at least the IVF would have happened elsewhere had the proper warnings been given, and I feel that there might not have been a cessation application made if it were just the first two trips. (The first being a certainty as it was confirmed as exceptional and not voluntary by RPD. The second is weaker, as funerals aren't generally regarded as being exceptional as per case law, but with just one mistake it's possible the department might have just chosen not to pursue.)

 

[JustaNewbie]

Hi everyone.

Does cessation rules apply to overseas dependents of protected persons as well after they have gotten PR and arrived in Canada?

 

[abff08f4813c]

Hi everyone.

Does cessation rules apply to overseas dependents of protected persons as well after they have gotten PR and arrived in Canada?

Unfortunately, yes. If you look earlier on this thread, https://www.canadavisa.com/canada-i...-for-citizenship.333455/page-76#post-11094961

I mention a case where such a dependent went through cessation and lost a judicial review case at the Federal Court of First Instance, https://www.canlii.org/en/ca/fct/doc/2016/2016fc29/2016fc29.html

Do note though that - at least my current understanding - cessation is only to an individual. The loss of refugee status and PR for Shamsi did not affect his mother, and vice versa is also true: if it was Shamsi's mother who had done the things and was undergoing cessation proceedings, but Shamsi himself never got a new passport or set foot on the home country, then Shamsi wouldn't have been at risk of losing PR.

 

[JustaNewbie]

Unfortunately, yes. If you look earlier on this thread, https://www.canadavisa.com/canada-i...-for-citizenship.333455/page-76#post-11094961

I mention a case where such a dependent went through cessation and lost a judicial review case at the Federal Court of First Instance, https://www.canlii.org/en/ca/fct/doc/2016/2016fc29/2016fc29.html

Do note though that - at least my current understanding - cessation is only to an individual. The loss of refugee status and PR for Shamsi did not affect his mother, and vice versa is also true: if it was Shamsi's mother who had done the things and was undergoing cessation proceedings, but Shamsi himself never got a new passport or set foot on the home country, then Shamsi wouldn't have been at risk of losing PR.

Thank you for your response.

To provide more context. The dependent was not part of the refugee claim and did not arrive Canada with the principal applicant.
They were only added to the PR application as a dependent spouse after the principal applicant's refugee claim was accepted.
Additionally, the principal applicant is now a Canadian citizen however the dependent is still a PR as their PR was just approved and they only just arrived Canada.

With this information, do you think the cessation rules will still apply to them?

 

[abff08f4813c]

Thank you for your response.

To provide more context. The dependent was not part of the refugee claim and did not arrive Canada with the principal applicant.

So at this point, spouse was not yet a protected person.

They were only added to the PR application as a dependent spouse after the principal applicant's refugee claim was accepted.

So my understanding is that, generally speaking, when a spouse is added to a PR application, the spouse comes under the same stream and with the same status as the primary applicant. For example, I met my common law partner in Canada and added this person to my economic stream PR app (Express Entry - CEC specifically). So my own spouse is counted as an economic migrant now.

Thus I believe this is the point where the spouse became a protected person to Canada.

Note that this is different from being sponsored outright as a spousal app - only folks who are already PRs or citizens can do this, but this is its own unique stream with its own rules (for example, a spouse sponsored this way cannot sponsor a new spouse for five years - something my own spouse is able to do since my spouse wasn't under a spousal app). So my understanding is that in this case the protected person status would not have transferred to the spouse.

Additionally, the principal applicant is now a Canadian citizen however the dependent is still a PR as their PR was just approved and they only just arrived Canada.

With this information, do you think the cessation rules will still apply to them?

Unfortunately yes, because the spouse came in via a PR for protected persons route and is thus counted under the protected persons stream.

Also note that while having a Canadian citizen as a spouse is generally seen to help folks retain PR (e.g. if the residency obligation isn't met) we have cases where cessation has been pursued against PR refugees who have citizen spouses. See https://ccrweb.ca/files/cessation-report-2014.pdf for some examples.

 

[JustaNewbie]

So at this point, spouse was not yet a protected person.

So my understanding is that, generally speaking, when a spouse is added to a PR application, the spouse comes under the same stream and with the same status as the primary applicant. For example, I met my common law partner in Canada and added this person to my economic stream PR app (Express Entry - CEC specifically). So my own spouse is counted as an economic migrant now.

Thus I believe this is the point where the spouse became a protected person to Canada.

Note that this is different from being sponsored outright as a spousal app - only folks who are already PRs or citizens can do this, but this is its own unique stream with its own rules (for example, a spouse sponsored this way cannot sponsor a new spouse for five years - something my own spouse is able to do since my spouse wasn't under a spousal app). So my understanding is that in this case the protected person status would not have transferred to the spouse.

Unfortunately yes, because the spouse came in via a PR for protected persons route and is thus counted under the protected persons stream.

Also note that while having a Canadian citizen as a spouse is generally seen to help folks retain PR (e.g. if the residency obligation isn't met) we have cases where cessation has been pursued against PR refugees who have citizen spouses. See https://ccrweb.ca/files/cessation-report-2014.pdf for some examples.

Thank you for your help

 

[XoticMtl]

Short of Mandamus, you can't do a thing and your time is not long for that. Obviously there is something going on. No amount of calls or inquiries will ever tell you anything about your case unless they decide to let you know. Get GCMS to see if by any chance you may come across some useful information. Keep reading these forums to remain updated about similar cases.
If they grilled you right at the interview, expect a negative outcome.

10 years, 4 hearings, Mandamus..
I finally made it and became a Canadian citizen recently.
Summary:
Came to Canada 25 years ago as a refugee.
Applied for Citizenship in 2015.
After the language, citizenship test and interview, waited for oath.
Nothing for 6 years.
In 2021 received a Cessation application from CBSA.
Fought tooth and nail, every inch of the way.
After 3 years and having all the court decisions in my favour, IRCC wouldn't call me for the oath.
Finally, filed a Mandamus. One whole year passed but not even Leave decision was given, but 6 months after filing, was called for an interview by IRCC and another 6 months, finally got the oath invitation.
Draw your own conclusions.
Just one thought.
Stand your ground. Give it all you got.
Ask for no quarter as none will be given.
Wish everyone best of luck.

 

[dpenabill]

10 years, 4 hearings, Mandamus..
I finally made it and became a Canadian citizen recently.

Congratulations.

Your report is appreciated. Good to see that even if the government is pursuing cessation, things can still work out for the better . . . even if it takes a big effort, a lot of time, some serious patience and disciplined dedication.

No where near enough details in regards to allegations or facts to draw any conclusions (one way or another) about what increases the risk of cessation or what increases the odds of successfully challenging cessation. (Other than the obvious: odds of successfully challenging a cessation action depend on engaging in the fight, doing what can be done to challenge the cessation action.)

No need to stretch much to recognize that even if a PR-refugee subject to cessation proceedings has a case for successfully challenging cessation, that can be a long, hard battle, punishment in itself . . . and, beyond that, there is a real risk things could go the other way (which in no way is to suggest giving up the fight . . . just an acknowledgement of real risks).

So, for other PR-refugees (not yet Canadian citizens) who are not subject to cessation proceedings, this once more illustrates that, if at all possible, it is best to avoid engaging in any acts that could trigger cessation proceedings; that is, if at all possible:

-- do not obtain or renew home country passport​

-- do not use a home country passport to travel internationally​

-- most of all, do not travel to the home country​