Refugees are a distinct category in the path of obtaining a permanent residency (PR) in Canada. And while the process may seem pretty simple at the first glance, it hides some pitfalls which is the INABILITY TO RETURN TO YOUR HOME COUNTRY UNTIL YOU OBTAIN CANADIAN CITIZENSHIP.
If the border or immigration officers discover that you traveled to your home country, even being a permanent resident, a special file may be open to revoke your PR status, as your return will be interpreted as you are no longer at risk in your home country. Therefore, the basis for granting you protection and a PR no longer applies. This process is called CESSATION of permanent residency.
What is CESSATION — and what interesting facts it hides?
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 process, known as "cessation," allows the Canadian government to revoke former refugees' refugee status and PR at any time, potentially leading to their 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 known 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 alongside 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 in order to maintain their status in Canada.
The growing use of this policy contradicts the Liberal government’s public stance on immigration. 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 the status through the refugee stream.
This raises serious concerns about discrimination. But as always, we will find out the true reason 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 refugees and appeals.
Oleksandra Melnykova, Immigration and Refugee Consultant in Canada.
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