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Refugees in Canada Face Higher Risk of Loss of Status and Deportation

refugees-canada-face-higher-risk-deportation

The Immigration and Refugee Act (IRPA) has recently come under scrutiny. Accusations claim amendments that were made back in 2012 put refugees in Canada in a vulnerable position.

Refugees In Canada and the Higher Risk of Deportation

The changes meant that anyone with refugee privileges in Canada (who did not yet have Canadian citizenship) may lose their status. They could also face deportation.

“Draconian”

The Canadian Council for Refugees described the changes to IRPA as “arbitrary, draconian and absurd.”

They said the new laws which allow the Immigration and Refugee Board of Canada (IRB) to decide when an individual is no longer defined as a refugee.

Once that decision has been made, the refugee’s Canadian permanent residency can be revoked before they’re deported from the country. Before these amendments in 2012, a resident who held a permanent refugee status could still keep their residency status if they were no longer deemed to be a refugee.

Case Against Fraud

In 2012, the Minister of Citizenship and Immigration (at the time), Jason Kenney, said refugee and permanent residency status would only be at risk if there was clear evidence of defrauding the system.

However, this does not appear to be the case. An unprecedented number of refugees have since lost their status, along with the number of refugees referred to the IRB is increasing. Once referred, an individual’s cases is reviewed and they could face the possible deportation.

Cessation

It’s most common for refugees to lose their status due to cessation or in some cases, vacation. Cessation is applied when the Canadian government discovers the refugee has voluntarily once again taken up the protection of their original country, and is now under that protection.

However, the Canadian Council for Refugees is concerned that cessation is interpreted too loosely by the IRB. This leads to short visits back to a home country – including funerals or taking care of elderly relatives – as grounds for cessation.

Simple acts such as applying for a new passport from the refugee’s original country could cause them to lose their refugee status and be deported. Vacation is a far less common grounds for a refugee to lose their status, and applies when the refugee has obtained their status via misrepresentation.

Growing Numbers

From 2009 to 2012, under 40 cases each year were referred to the IRB on the grounds of cessation or vacation. In 2013, the CBSA referred a total of 178 applications, and by the end of March 2014, 148 cases had been referred.

Are You or a Loved-One Facing Deportation?

If you are a refugee you may be able to remain in the country under the Humanitarian and Compassionate Application. This process is very complicated and certainly not guaranteed, but may provide you with a firm chance. If you are in need of immigration consultation, please contact us.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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4 thoughts on “Refugees in Canada Face Higher Risk of Loss of Status and Deportation

  1. Jamal Uddin

    hi i’m in usa with b1 b2 visa entry 20/02/2017 still i’m not applying in usa. can I apply in Canada border as a political asylums ? pls. help me to know answer this q.

    I’m a Bangladeshi National,

    Thank

    Reply
    1. Immigration Lawyers

      Hi Jamal,
      Thank you for your inquiry, I’m glad you contacted us! I can understand how the laws and regulations can be quite confusing when it comes to Canadian immigration. We have helped thousands of clients in very similar situations as yours. I do need to learn more about you and your case. Hiring an immigration lawyer will help you get answers to all of your questions plus it will also increase the chance of approval of the visa you are inquiring about. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  2. Jana

    Dear Sir,

    Your information is very useful for all people.
    But I am wondering if the CBSA did not follow the procedure, what can you do in that situaion?

    Vancouver CBSA gunned the person to prison for 7-10days, refused her leaving request, drugged her, and deported.

    Please feel free to let me know,

    Best regards

    Jana

    Reply
    1. owen

      Hello Jana,

      If you feel that your friend’s case was mismanaged by the CBSA then we can certainly attempt to help them. Please feel free to contact us with any further questions, as it is difficult to comment on this case without knowing the exact details.

      Regards,
      Owen

      Reply

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