Cessation and vacation in the resettlement context

Verification of documents sometimes reveals that they are fraudulent; however, this should not automatically lead to an application for vacation. Such documents may not be material and/or relevant and/or may not have resulted in an error in administration of the Act (see ENF 2, Section 10.6).

Some refugees obtain fraudulent documents in order to gain a sense of protection and/or insurance against being stopped and harassed by authorities in the country of asylum. Refugees may also obtain fraudulent documents as a last resort in situations in which it is very hard or impossible to secure authentic identification.

Examples:

Fraudulent documents not material to the claim

An individual submits a refugee status determination (RSD) document issued by the United Nations High Commissioner for Refugees (UNHCR). The visa officer acknowledges that the individual has been found to be a refugee by the UNHCR. The visa officer interviews the applicant and concludes that he is a refugee: the officer is satisfied that the applicant belongs to a minority ethnic group that is persecuted in his country of origin and that he fled his country for that reason. The individual is accepted and resettled to Canada. Sometime later, CIC learns that the applicant submitted a fraudulent UNHCR RSD document.

Conclusion: While the fraudulent UNHCR RSD document is a relevant matter, since the visa officer came to her own conclusion that there was other sufficient evidence to justify protection; the case should not be referred for investigation [A109(2)]. The visa officer reviewed all the evidence presented, including the applicant’s testimony, and determined that there was sufficient evidence to justify protection. The visa officer concluded that the individual met the eligibility and admissibility criteria for resettlement to Canada based on all the facts presented.

Fraudulent documents possibly material to the claim

An applicant presents military service records that indicate that he was a cook while serving under conscription in his country of origin. After being resettled to Canada, CIC learns that the individual had a lengthy and undisclosed military history, that the military records presented at the interview were fraudulent, and that there are allegations that the individual was involved in massive human rights violations while in the military.

Conclusion: Allegations that an individual deliberately concealed information that could have made them inadmissible to Canada are grounds for an investigation.

Refugees are often in vulnerable situations with limited access to trustworthy information, and they will often rely on rumours about what they should (and should not) say at an interview. They may think, for example, that their refugee story is not dramatic enough on its own, and may exaggerate their narrative. While recognizing that not all aspects of the refugee narrative are truthful, a visa officer may nevertheless determine that an individual meets the refugee definition and is in need of resettlement.

Examples:

Exaggerated refugee narrative

In his application, an individual states that he fled his country when his house was bombed. He says that he is fearful of returning to his country because of ongoing persecution of his minority group. The visa officer approves the individual for resettlement, noting that the individual is a member of a persecuted religious minority. After the individual has landed in Canada, a CIC officer becomes aware of information that suggests that the man’s house was never bombed.

Conclusion: While the bombing incident was relevant to the individual’s claim for protection, it was not the material fact upon which refugee protection was granted. Refugee protection was granted based on the man’s ongoing fear of persecution in his country of origin based on his identity as a member of a religious minority. As such, this case should not be referred for investigation.

Exaggerated vulnerability

At the interview, a woman states that she is a widow with three young children and no male protection, and that she fled her country after she openly criticized the government and was subsequently targeted by the regime. The visa officer determines that the woman meets the refugee definition and is in need of resettlement and approves her application. After arriving in Canada, the woman admits to a CIC officer that her husband is alive and that she wants to sponsor him.

Conclusion: Although the woman was untruthful about being a widow, this information is not material to her claim for refugee protection and is therefore not a relevant matter. The spouse would be excluded from the family class [R117(9)(d)].

Concealed inadmissible family member

An applicant states that she is a widow with three young children and that she fled her country after she openly criticized the government. She says that she was subsequently targeted by the regime and that lack of male protection is an important factor in her fear of persecution. The visa officer determines that the woman meets the refugee definition and is in need of resettlement, and approves her application. After arriving in Canada, the woman admits to a CIC officer that her husband is alive and that she wants to sponsor him. CIC finds information that indicates that the husband was complicit in war crimes.

Conclusion: If the woman’s husband was found to be complicit in war crimes and found to be inadmissible, the woman and children would be inadmissible as well [A42(a)]. Since the woman deliberately concealed information that would have been material to her claim and could have made her inadmissible to Canada, this may be grounds for an investigation. The officer must consider whether or not there was sufficient other evidence to justify protection for the woman before referring the file for consideration for vacation.

A refugee visited their country of origin prior to resettlement

An individual applies for resettlement and states that he has been living in his country of asylum for 10 years and has never returned to his country of origin. The individual is accepted for resettlement to Canada. At a later date, a CIC officer receives information suggesting that, before coming to Canada, the individual had returned to his country of origin many times.

Conclusion: Many refugees return to their home country temporarily for a variety of reasons (e.g., to visit sick relatives, to tie up business, to see the situation and assess whether or not it is safe to repatriate). Such returns do not necessarily mean that they can safely re-establish in that country, so the misrepresentation may not be with regard to material facts. If the individual returned home and re-established for extended periods, the facts may be material because they indicate that protection was not justified, and it may be appropriate to refer this case for an investigation.