Another cessation case. Review allowed.
https://www.canlii.org/en/ca/fct/do...ash=AAAAAQAJY2Vzc2F0aW9uAAAAAAE&resultIndex=1
https://www.canlii.org/en/ca/fct/do...ash=AAAAAQAJY2Vzc2F0aW9uAAAAAAE&resultIndex=1
Another cessation case. Review allowed.
https://www.canlii.org/en/ca/fct/do...ash=AAAAAQAJY2Vzc2F0aW9uAAAAAAE&resultIndex=1
Failed cessation #1
https://www.canlii.org/en/ca/fct/doc/2022/2022fc1239/2022fc1239.html
Failed cessation #2
https://www.canlii.org/en/ca/fct/doc/2022/2022fc1236/2022fc1236.html
People, next week is my citizenship ceremony. All the lights turned green and Decision Made + Day of Ceremony is showing in my website.
People, next week is my citizenship ceremony. All the lights turned green and Decision Made + Day of Ceremony is showing in my website.
I used my home passport
I was a PR protected person
I never renewed my home passport
I applied to renew my PR card . It was approved
I travelled to third countries with my home passport ( NOT my country) / nothing happened
In a few days, I’m Canadian
I have an advice: Not everyone in this forum tells the truth, majority tells bull….., experience of people is more important. Good luck to everyone, with all my heart!
Yes, it’s true what you talking about; travelling to your country is dangerous for your status.Congrats! And yes, your result makes sense. Based on what we've seen here for the last few years, travel to other countries with the home country passport seems fine. Of course the case I quoted above is very different from your situation and involves multiple trips to the home country. But even in home country travel cases, cessation hasn't always been successful recently (as you would see from the two cases I quoted a few weeks ago above where the court found in favour of the protected person / PR).
Yes, it’s true what you talking about; travelling to your country is dangerous for your status.
But using your non expired home passport, is fine! During my interview with IRCC first week of September, I was anxious about the fact of using my home passport to third countries. The official never asked for that , only watching my ID and PR card or asking about my life in Canada & job. Nothing else!!!!
After 24 hours website changed in Decision Made and the day of OATH was there, in front of me. Thanks for all your help, love this forum! Good luck to everyone and please, Be Positive!!!
But using your non expired home passport, is fine!
People, next week is my citizenship ceremony. All the lights turned green and Decision Made + Day of Ceremony is showing in my website.
So, for example, @Toronto1971 probably does NOT need to worry, NOT much anyway, about having used an unexpired home country passport for travel to countries other than the home country. And even other PR-refugees applying for citizenship who have renewed or otherwise obtained a new home country passport and used it only occasionally for travel, but never to the home country, probably have no need to worry about the risk of cessation.
BUT . . . there is NO doubt, NONE, that they should cease using the home country passport for travel and NOT renew or otherwise again obtain a home country passport, UNTIL AFTER they become a Canadian citizen.
Not everyone in this forum tells the truth, majority tells bull…..
experience of people is more important.
Im sorry Sir, but seems that you love polemics.The decision here, in Badran v. Canada, 2022 FC 1292, https://canlii.ca/t/jrxw9 , is mostly about whether there was an abuse of process and is thus very focused on the specific procedural elements in Badran's individual case. This may be of some importance to those PR-refugees who have remained PRs for a long time without becoming a Canadian citizen, but that is probably a small portion of those affected by this subject.
It appears (but not for sure) to be a case that illustrates a citizenship application triggering the cessation action. In particular, he had renewed his PR card multiple times reporting his travel outside Canada, and been interviewed by CBSA on multiple occasions when returning from abroad, but it was after he had made the application for citizenship that the Minister for Public Safety initiated the cessation.
There is a key element in the decision, addressed almost in passing but clearly enough articulated (see paragraph 6 in the decision), regarding the distinction between cessation of need for protection as might be grounds for cessation of protected person status pursuant to Section 108(1)(e) IRPA, versus a cessation proceeding on the grounds of re-availment) under Section 108(1)(a) IRPA.
If a PR's protected person status is determined to be ceased pursuant to Section 108(1)(e) IRPA, which again would be based on the cessation of the need for protected person status, that does NOT affect that individual's status as a Canadian PR.
However, even if there are grounds for cessation of protected person status for this reason, that does NOT preclude Canada from proceeding with cessation based on on the grounds of re-availment) under Section 108(1)(a) IRPA. This is something which has popped up here several times, in this thread, and I have typically responded just as Justice Go did here; but there does tend to be a common misunderstanding that if Section 108(1)(e) IRPA could apply that would mean the PR-refugee is not subject to cessation.
Otherwise . . . it needs to be made clear the following is, at best, misleading:
To be clear, how use of the home country passport can affect an individual PR-refugee depends on additional factors. Using even a non-expired home country passport to travel to the home country will create a PRESUMPTION of re-availment, and create a real risk of losing Canadian PR status . . . how much risk depends on many factors, so the risk can range from relatively low to quite high. Varies. Depends.
Moreover, "fine" is one of those vague, ambiguous terms, with no definite meaning in the context of what might put a PR-refugee's status at risk. Note, for example, in the case just discussed, Badran has lost his PR status, and even if he is deported, he might be "fine," noting after all he has spent a lot of time in Egypt, has recognized circumstances in Egypt have changed and he does not face the same risks as before, so he indeed might be "fine" going on in life as an Egyptian national with no residency status in Canada.
But what really matters to most in this forum concerned about cessation is what could trigger and result in the cessation of their status in Canada. While the more serious risk arising from using a home country passport comes from using it to travel to the home country, it demands remembering that just using the passport itself is an action constituting re-availment of home country protection and can support the cessation of status.
This is important, so I for emphasis I will elaborate further.
Good news.
It needs to be made clear, however, that for PR-refugees using a home country passport to travel internationally is an action which can constitute reavailment, and thus potentially is grounds for cessation of PR status.
The fact you in effect got-away-with-it was not at all surprising. As I posted a month ago:
Unfortunately this forum tends to blur important distinctions, especially in regards to fairly low-risk actions which nonetheless cross the lines drawn in the law, the regulations, the rules, and in this context, the UNHCR standards. Using a home country passport to travel internationally is an act constituting re-availment (subject to rebuttal). Whether that alone, to travel to third countries (not home country), will trigger cessation proceedings is a separate question; so far and for known cases, it is NOT LIKELY this alone (even if done using a renewed passport) will trigger cessation.
So for those who have used their home country passport and at most used it to travel to third countries, no need to worry, not much. Odds are very good that just like @Toronto1971 this will not cause a problem, not a problem with PR status, not a problem with qualifying for and being granted citizenship.
But that in no way should be understood to suggest that going forward any PR-refugee should rely on those odds and (absent compelling cause otherwise) take even the low risk of using their home country passport to travel to third countries. Best practice, the safe practice, is to get a Refugee Travel Document TD (Adult Travel Document) to use for any international travel.
That is to some extent true. Hopefully not a majority. But yeah, we will see posts saying things like "But using your non expired home passport, is fine!" for a PR-refugee despite how clear it is in the law, the regulations, the rules, and the UNHCR standards, and in scores of OFFICIALLY published decisions about actual cases, that using a home country passport is an action constituting re-availment of home country protection and potentially grounds for cessation . . . subject to the scope of enforcement being employed by the current government.
Not experiences reported in this forum. Actually these are very untrustworthy. Only informative and useful if and when corroborated in multiple ways, including:
-- extent to which the report is consistent with known law, regulations, and rules-- extent to which the report is consistent with OFFICIAL accounts of actual cases, such as those being linked by @scylla and myself, among others (these are actually the best source, the more reliable source of what people actually experience)-- extent to which the experience makes sense based on best understanding of how things works-- extent to which the experience reported makes sense compared to other personal reports of individual experience
CAUTION: in itself, the experience reported by a particular individual regarding what happened in one particular case is NEVER a reliable indicator of how things work, how the rules apply, or what is likely or even typically might happen for another individual (and absolutely NOT an indicator of what will happen for sure). It might coincidentally match what usually happens and what will happen. In contrast, first and foremost: if in doubt, follow the rules; otherwise, yep, follow the rules. For PR-refugees, this includes paying attention to UNHCR rules and standards, as well as the Canadian law.
Long speeches, makes me curious where do you find all these energies???
Sir,wake up! Real life is different from theory!
I have NO time for dialogue, should work!!
You have said it all. Follow the rules... X might be lucky and Y might be a scape goat.I focus on a very small number of issues which can have a big impact on citizenship applicants or PR status. Particularly those matters regarding which there tends to be confusion, misunderstanding, or a significant amount of misinformation.
I do not waste time just throwing a contrary proposition up against unfounded, misleading, or erroneous statements. If the matter is important, it is important enough to actually engage in research, consideration, and in sufficient dialogue to get things right.
For most PR-refugees the risk of losing status in Canada is a hugely important matter. Most will make choices limiting the risks if they are aware of what the rules actually are. This is something worth the time and effort to get right.
Meanwhile there is a real possibility looming that Pierre Poilievre will be Canada's next Prime Minister, and no one should be fooled by the sheep's clothing he donned early this year as part of his image-scrub in a campaign to become the Conservative's next leader, which he now is. That image scrub is likely to continue as he campaigns to be the next Prime Minister.
Spoiler alert: the Conservatives and Poilievre have only limited immigrant-friendly policies, those which support certain big business economic interests; otherwise, the Conservatives and Poilievre are most emphatically NOT immigrant-friendly, and they are especially NOT friendly toward refugees.
Current and recent experience reflecting lenient enforcement policies toward refugees should not be relied upon to indicate how things are going to be going forward. There is only ONE for sure safe approach for a PR-refugee considering plans to travel outside Canada: get a Refugee (Adult) Travel Document and do NOT use a home country passport for international travel.
If in doubt, follow the rules; otherwise, yep, follow the rules.
No matter how many report they did not follow the rules and it was OK for them.
I in no way begrudge that things went OK for you despite engaging in actions which could be litigated as grounds for cessation of your status. On the contrary, this is a good outcome. But that does not change what the rules are and it for sure does not limit how a Poilievre government will apply and enforce the rules if and when he becomes Prime Minister.
So yes, BE POSITIVE, and for PR-refugees the most positive, the most safe approach, is use a Refugee Travel Document for international travel and NOT use a home country passport.
My lawyer filed the first demand letter to IRCC. The one you send before the full Mandamus. IRCC is known to move things and get decision made quickly just by this letter. We are giving it a month. If we don't hear back we will file mandamus. 4 years and 2 months wait time since citizenship application date is ridiculous, no matter what investigation or procedure.
Will keep the forum updated.
He believes this is the only option no matter what is going on behind the scenes.