Immigration Corner | Can a refugee visit his country of origin?

Dear Miss Powell,

I applied for asylum in Canada a few years ago.I am now a citizen. Can I now return to my home country for a visit? I look forward to your response.

BG

Dear BG,

Canada is known for granting asylum to individuals who have fled their home country due to a genuine fear of persecution, war, or violence. You didn’t indicate the basis on which you were granted asylum. However, when an individual applies for asylum in Canada, this is usually because you are claiming that you face persecution in your home country. This is usually due to problems relating to race, religion, political opinion, nationality, or membership in a particular social group.

RIGHTS OF A CITIZEN

Unlike permanent residents, or individuals still in the refugee application process, Canadian citizens have the right to travel freely. Canadian law does not prohibit citizens from visiting their country of origin, regardless of their refugee background. However, there are potential legal and practical risks associated with returning to the country from which you originally sought asylum.

When you applied to be accepted as a refugee, you were required to prove that returning to your country of origin is dangerous. This means that if you now choose to return after obtaining citizenship, this may raise questions about the legitimacy of your original refugee claim.

Before you embark on such a journey, there are certain risks and potential consequences of your action that you must consider and be prepared to address should there be an enquiry.

RISKS

In general, once you become a Canadian citizen, you cannot lose your citizenship simply for travelling to your home country. Canada does not have laws that automatically revoke citizenship based on travel history. However, if the government suspects that you misrepresented the facts when you made the refugee claim and that you were not genuinely in danger, then they could launch an investigation into your original claim. On your return to Canada, you could face serious criminal changes, which will then mean that you are inadmissible to Canada.

If the investigation reveals that you obtained the refugee status fraudulently or that you fabricated your claim, then there is a potential risk that your refugee status could be revoked. That means you would no longer be entitled to permanent residence or have a right to Canadian citizenship. While this is rare, it is a potential risk, particularly if there is evidence that you did not have a well-founded fear of persecution or was not actually in danger when they first applied for asylum.

While Canadian citizens can travel freely, border officials might still question why a former refugee is returning to the very country they claimed to fear. This could lead to difficulties on returning to Canada, renewing passports, sponsoring relatives, or applying for government security clearances.

IMPACT ON FAMILY MEMBERS STILL IN CANADA

Returning to your home country might also affect family members who obtained refugee status through you as the original asylum seeker. If Canadian immigration authorities suspect misrepresentation on your part, they could review and possibly revoke refugee protection for those family members who are still permanent residents.

SAFETY RISKS IN THE HOME COUNTRY

Apart from legal concerns, there is also the question of personal safety. Did you flee a country with an authoritarian government that continues to monitor political dissidents abroad? Returning to such a country, even with a Canadian passport, could put you at risk of detention, harassment, or other threats. You should ensure that you notify the Canadian authorities in the country of origin that you intend to travel, so that you can be notified or contacted in the case of any emergency.

HOW TO MINIMISE THE RISK

Since there are so many factors to consider, I recommend that you consult directly with a Canadian immigration lawyer and provide the details of the circumstances under which you obtained refugee status and the reason that you now deem it necessary to travel to your original country. Once you provide the facts, then the lawyer can assess whether travel poses any risks and provide you with legal advice based on the circumstances of your case.

The lawyer can also assist you to find out before travelling if there are any ongoing investigations into the legitimacy of the asylum claim. Furthermore, if you plan to travel, you should ensure that you use your Canadian passport to depart and arrive in the country and not use your original passport.

Should you deem it necessary to travel, you should limit the trip to a short duration and for specific purpose such as a visitto a sick relative or the death of a close family member as those reasons have been seen as justifiable reasons for visiting a country of origin after claiming asylum.

Canadian citizens have the right to travel freely, including to their country of origin. However, former asylum seekers should be aware of potential legal, immigration, and safety risks before doing so. While citizenship provides protection from deportation, it does not erase the effects of misrepresentation in the original asylum claim. So be sure to consult with a Canadian immigration lawyer personally to obtain legal advice before making travel plans.

Deidre S. Powell is a lawyer, mediator and notary public in Canada. You may connect with her via Facebook, LinkedIn, WhatsApp or call 613-695.8777.