Can I lose my status in Canada after I get refugee protection?
IRCC may apply to the IRB-RPD to have your Convention Refugee or Protected Person status “vacated” or “ceased” (taken away).
You can lose your status in Canada because:
- IRCC believes that you gave evidence that is not true or that you hid important facts.
- IRCC believes that you have received protection or citizenship in another country. The reasons for this may include:
- You chose to accept the protection of your country. You may have renewed or applied for a passport from your country, used your old passport, or traveled to your country.
- You lost citizenship in your country and then chose to reapply for it after getting refugee status in Canada.
- You got citizenship (and protection) in a new country.
- You chose to return to live in your country.
- IRCC believes that the reasons you asked for protection are now gone and you are no longer in danger in your country. In this case, you may be able to show there are still serious reasons why you cannot go back.
If IRCC has reasons to believe these, the IRB-RPD may ask you to come to a hearing.
If the IRB-RPD agrees with the IRCC:
- The RPD will issue a removal order. If you do not leave and do not appeal your decision or seek a stay of removal, you could be deported,
- you cannot enter Canada for five years,
- you will lose your permanent resident status if you have it, and
- you cannot appeal the decision to the IRB-RAD. You must apply for judicial review before the Federal Court.
Keep your refugee status in Canada
There are a number of ways to protect your refugee status in Canada:
Use of passport and travel:
- Do not apply for or renew a passport from your former country (or countries).
- Do not use your old passport to travel to any country for any purpose.
- If you need to travel, apply for a Refugee Travel Document.
- Do not visit your former country or countries.
Maintaining credibility throughout your refugee claim process:
- Make sure that everything you say or give to the IRB-RPD for your refugee hearing is true and fully accurate. Make an effort to avoid errors or omissions.
- Do not exaggerate or downplay evidence.
- Do not hide any important and relevant information about your claim from the IRB-RPD.
Citizenship:
- Think carefully before applying for citizenship in another country because it may jeopardize your ability to stay in Canada.
- Apply for Canadian citizenship as soon as you can. Before you apply, talk with a legal representative. You can lose Canadian citizenship if you get it under false representations or omissions.
Criminal activity:
- Do not commit a crime. For some serious crimes, Canada can remove a refugee claimant, a protected person, or even a permanent resident status. If you are involved in criminal court, let your lawyer know your immigration status. Ask your criminal and immigration lawyers how being found guilty might affect your status. Ask your criminal lawyer to contact your immigration lawyer so they can both assist you.