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Revocation of permanent residency status for refugees

Revocation of permanent residency status for refugees

Refugees are a distinct category in the path to obtaining permanent residency (PR) in Canada. And while the process may seem simpler at first glance, it comes with its own serious pitfalls — namely, the INABILITY TO RETURN TO YOUR HOME COUNTRY UNTIL YOU OBTAIN CANADIAN CITIZENSHIP.

If the border or immigration services discover that you traveled to your home country, even as a permanent resident, a special proceeding may be launched to revoke your PR status, as your return will be interpreted to mean you are no longer at risk in that country. Therefore, the basis for granting you protection — and PR — no longer applies. This process is called CESSATION of permanent residency.

What is CESSATION — and what interesting truths does it reveal?

Those who arrive in Canada and request refugee status undergo a rigorous hearing process to validate their claim. However, even if the claim is accepted, permanent residency is not guaranteed for life.

The cessation process allows the Canadian government to strip former refugees of their refugee protection and PR status at any time, potentially resulting in deportation. This can happen if a refugee with PR status:

  • returns to their country of origin,
  • applies for a passport from that country, or
  • uses that passport to travel to a third country.

This process was introduced through the Protecting Canada’s Immigration System Act, passed by the former Conservative government in 2012. While it was promoted as a tool to prevent fraud in the refugee system, in reality it poses a threat to all former refugees, even those with legitimate claims.

Canada’s refugee protection system is renowned for its fairness. A key part of that fairness is granting successful applicants long-term PR status, enabling them to fully integrate into Canadian society. The cessation process undermines this principle by putting their PR at risk — and with it, their established lives in Canada.

There’s a legal principle known as “the right to remain”, which means that long-term residence in a place grants a person the right to continue living there. But the cessation process forces refugees to constantly prove they are still at risk in their home country, or risk losing everything.

The growing use of this policy contradicts the Liberal government’s public stance on supporting immigrants. It damages Canada’s reputation on the world stage and keeps many former refugees living in perpetual uncertainty about their PR status.

But the most striking part — the NUMBERS:

  • In 2013, only 40 PR statuses were revoked under cessation.
  • In 2022, that number jumped to 463. ‼
  • And by 2024, according to multiple sources, it reached 550.

I doubt this spike is due to a sudden rise in fraud. More likely, an internal directive has been issued to scrutinize every PR holder who obtained status through the refugee stream.

This raises serious concerns about discrimination. But as always, the full truth will only become clear — years later.

 If you've received a notice inviting you to an immigration interview about the revocation of your PR, you MUST consult a professional who specializes in refugee law and appeals.

Oleksandra Melnykova, Immigration and Refugee Consultant in Canada.
Copyright 2024 “SKI Immigration Inc.” All rights reserved.

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