I renewed my passport as a protected person

[Kan786]

Hello every one !! I have applied for the refugee case in 2013 and got accepted as a protected person later I got my PR. Since 2013 I have not travelled back home till to the date . Neither I am intendeing to travel back home but the only mistake which I made is I renewed my passport from my home country . Not to travel to my home country but just to visit my children in another country . I am just too scared now to even apply for my RTD refugee travel document ..

 

[scylla]

It's unfortunately you renewed your passport and used it to travel. But what's done is done. Do not use your passport further for any travel to any location.

I would recommend you dedicate time reading through the cessation thread to understand what you are now up against - and join the discussions there:

https://www.canadavisa.com/canada-i...d-prs-applying-for-citizenship.333455/page-13

Good luck.

 

[captains]

surrender the passport asap and seek for legal advice

 

[gavendano]

Just apply for the RTD and surrender your passport. You should include a letter explaining why you renewed your passport and clarifying that you have not used it to travel back to your home country. They can easily verify this with the stamps on your passport.

What you did is not forbidden or illegal, but you will have to explain why you did it. I assume that you didn't apply for an RTD because you didn't know about it... if that's the case then say so.

Obviously, my assumption is that you have not traveled back to your country.

If the government decided to take your PR, they would have to prove that by renewing your passport you were seeking the protection of your home country government... That is not easy to prove.

If you want more reassurance then you should talk to an immigration lawyer, that will give you the peace of mind that is hard to get by reading anonymous posts on an online forum.

 

[Miraclejj]

If the government decided to take your PR, they would have to prove that by renewing your passport you were seeking the protection of your home country government... That is not easy to prove.

This is absolutely wrong. The action itself is an evidence that you are seeking the protection from the country that you fled. And it is not the Canadian government that need to prove your intention behind it, the onus is on you to prove to the Canadian government that the action you took isn't for the protection from your country of origin.

 

[scylla]

Just apply for the RTD and surrender your passport. You should include a letter explaining why you renewed your passport and clarifying that you have not used it to travel back to your home country. They can easily verify this with the stamps on your passport.

What you did is not forbidden or illegal, but you will have to explain why you did it. I assume that you didn't apply for an RTD because you didn't know about it... if that's the case then say so.

Obviously, my assumption is that you have not traveled back to your country.

If the government decided to take your PR, they would have to prove that by renewing your passport you were seeking the protection of your home country government... That is not easy to prove.

If you want more reassurance then you should talk to an immigration lawyer, that will give you the peace of mind that is hard to get by reading anonymous posts on an online forum.

Just to add to the above - OP should make sure they are talking to an immigration lawyer with knowledge of / experience in refugee status cessation.

 

[gavendano]

This is absolutely wrong. The action itself is an evidence that you are seeking the protection from the country that you fled. And it is not the Canadian government that need to prove your intention behind it, the onus is on you to prove to the Canadian government that the action you took isn't for the protection from your country of origin.

True. The onus is on the refugee to prove their intentions, however, I hope you can see that a passport renewal by itself is not a good argument to prove that a refugee intended to seek protection from their government. A kid out of law school can easily fight this argument.

Passport renewal + using it to travel to other countries + traveling to your home country is what indicates that the risk situations in your country are no longer there and that you are fine with the protection being offered by your home country. You do all of this and then you are screwed.

Even if you renew your passport and travel to other countries (except your home country), it's hard to imagine that this proves your intentions of seeking protection from your country of origin. A kid out of law school would have to give more arguments, but again, I'm pretty sure would be able to fight it off.

Of course, note that I'm accepting the fact that the government can start a cessation application and put you through a lot of pain... So if the refugee made the not-smart decision of renewing his passport and traveling, then he better gets ready for a potential fight and hires a good lawyer. But I wouldn't jump around saying that he will lose his status in Canada.

 

[Buletruck]

Agreed that renewal of a passport isn’t as serious an issue, any travel with that passport (to your home country or somewhere else) is. Travelling on a passport is in essence travelling under the protection of the passport of origin. You are travailing yourself to that country. The UNHCR identifies this as reavailment and is the basis for Canadian refugee policy. Any travel on a home country passport as a refugee is distinctly risky.

 

[Miraclejj]

True. The onus is on the refugee to prove their intentions, however, I hope you can see that a passport renewal by itself is not a good argument to prove that a refugee intended to seek protection from their government. A kid out of law school can easily fight this argument.

Passport renewal + using it to travel to other countries + traveling to your home country is what indicates that the risk situations in your country are no longer there and that you are fine with the protection being offered by your home country. You do all of this and then you are screwed.

Even if you renew your passport and travel to other countries (except your home country), it's hard to imagine that this proves your intentions of seeking protection from your country of origin. A kid out of law school would have to give more arguments, but again, I'm pretty sure would be able to fight it off.

Of course, note that I'm accepting the fact that the government can start a cessation application and put you through a lot of pain... So if the refugee made the not-smart decision of renewing his passport and traveling, then he better gets ready for a potential fight and hires a good lawyer. But I wouldn't jump around saying that he will lose his status in Canada.

The reality speaks otherwise to against your claim that A kid out of law school can easily fight this argument. The matter of fact is if a cessation order is issued to against a refugee, it is really difficult to challenge the decision. And the cessation order can be issued base on any of the following three reasons will result in the loss of permanent residence status:

1. The person has voluntarily gone back under the protection of their country of nationality (for example, by returning to that country OR getting a passport from that country).
2. The person has become a citizen of a country other than Canada.
3. The person has voluntarily become re-established in a country that they fled because they feared persecution or faced torture or serious risk.

Hopefully that you will pay special attention to the big and bold "or", it doesn't need to be renew and travel, by renewing your passport from the country you fled alone, is a valid ground to issue a cessation order to against you. And again, it is not the Canadian government that need to prove your intention, the onus is on you to challenge the cessation order issued by Canadian government that against you.

 

[Buletruck]

http://www.unhcr.org/419dbce54.pdf

Paragraph 121 of the Handbook states that, where a refugee has obtained or re- newed a passport ‘it will, in the absence of proof to the contrary, be presumed that he intends to avail himself of the protection of the country of his nationality’.

 

[Miraclejj]

Agreed that renewal of a passport isn’t as serious an issue, any travel with that passport (to your home country or somewhere else) is. Travelling on a passport is in essence travelling under the protection of the passport of origin. You are travailing yourself to that country. The UNHCR identifies this as reavailment and is the basis for Canadian refugee policy. Any travel on a home country passport as a refugee is distinctly risky.

There is another piece that reported by TheStar, and one of the paragraph clearly stated how the Canada government feels a refugee obtaining or renewing a passport from his/her country of origin:

The law does not quantify how often and long a refugee might visit and stay in their homeland to constitute what, in government parlance, is called “re-availment.” But Ottawa says individuals are deemed to have “re-availed” themselves to the country they fled if they apply for and obtain a national passport or a renewed passport voluntarily.

 

[Miraclejj]

http://www.unhcr.org/419dbce54.pdf

Are we talking about Immigration & Refugee law of Canada or the refugee regulations of UNHCR? Clearly, those two are totally separated entities. And I don't think any regulations/guidelines of UNHCR will prevail a law legislated by a sovereign country, such as Canada.

 

[Buletruck]

Are we talking about Immigration & Refugee law of Canada or the refugee regulations of UNHCR?

As a convention signatory, the UNHCR guidelines are what the refugee act in Canada is based on. Obviously, Canadian law and requirements will supersede anything the UNHCR convention state, but as a rule this is what the Canadian law complies with (with obvious tweaks to satisfy Canadian requirements).

There is another piece that reported by TheStar, and one of the paragraph clearly stated how the Canada government feels a refugee obtaining or renewing a passport from his/her country of origin:

There have been several documented cases on Canlii where appeals have been allow for those who have renewed a passport. That isn't to say that it's OK to renew, but the negative value associated with it isn't as pronounced as it would be if you travelled.

https://www.canlii.org/en/ca/fct/do...=AAAAAQALcmVhdmFpbG1lbnQAAAAAAQ&resultIndex=5

We seem to be discussing the same consequence from opposite ends. In no way do I think a refugee who makes "any" effort to acquire documents, services or travel to his home or any other country utilizing his former home passport should be given a "free pass". It's one of those consequences of becoming a refugee that refugees seem to overlook (or just ignore)....and it annoys me! They made a choice based on hardship to leave it all behind for a better life. You can't have your cake and eat it too.

 

[Kan786]

Just apply for the RTD and surrender your passport. You should include a letter explaining why you renewed your passport and clarifying that you have not used it to travel back to your home country. They can easily verify this with the stamps on your passport.

What you did is not forbidden or illegal, but you will have to explain why you did it. I assume that you didn't apply for an RTD because you didn't know about it... if that's the case then say so.

Obviously, my assumption is that you have not traveled back to your country.

If the government decided to take your PR, they would have to prove that by renewing your passport you were seeking the protection of your home country government... That is not easy to prove.

If you want more reassurance then you should talk to an immigration lawyer, that will give you the peace of mind that is hard to get by reading anonymous posts on an online forum.

 

[Kan786]

Thanks gavandano for your kind reply . Yes I already spoke to my lawyer and we are working on it