Can an Approved Refugee Get Their Passport Back in Canada?

Can an approved refugee claimant (a protected person) get their passport back in Canada? The answer is not as simple as submitting a request to IRCC or CBSA. For someone whose refugee claim has been accepted, a national passport is not just an identity document. It is a document issued by the country from which the person sought protection.

Therefore, before asking how to get the passport back, the more important question is this:

Why does the protected person need the passport?

This article focuses only on refugee claimants in Canada whose claims were accepted by the Refugee Protection Division (RPD) and whose positive decisions were not challenged by IRCC or CBSA.

Who holds the passport after a refugee claim?

The answer usually depends on where the person made the refugee claim.

Inland refugee claims

If a person made a refugee claim from inside Canada, IRCC normally deals with the intake process. At the IRCC appointment, the claimant and family members are asked to provide original passports, travel documents, and other identification documents. IRCC provides certified copies, and IRCC holds the travel documents until a final decision is made on the claim.

In practical terms, many people call this “passport confiscation.” However, the more precise language may be that IRCC holds the travel document during the refugee process.

Port of entry refugee claims

If the person made a refugee claim at an airport, land border, or marine port of entry, CBSA usually deals with the intake process. The claimant is asked to provide original passports, travel documents, and other identity documents. CBSA provides certified copies and holds the travel documents until a final decision is made on the claim.

Therefore, after a positive RPD decision, the first practical question is:

Was the passport held by IRCC or CBSA?

The answer affects the process.

A positive RPD decision does not end the analysis.

When the RPD accepts a refugee claim, the claimant becomes a protected person only after the Minister’s challenge period has passed without a challenge, or after any Minister challenge is finally resolved in the claimant’s favour.

This article assumes there is no Minister appeal, no Federal Court challenge, and no pending issue with the positive decision.

Even then, the passport issue remains sensitive. A protected person should not treat the national passport as an ordinary document.

Why requesting the passport can be risky

IRPA s. 108 deals with the cessation of refugee protection. One of the key grounds is voluntary reavailment of the protection of the country of nationality.

In simple terms, if a protected person acts in a way that shows they are voluntarily relying on the protection of their country of nationality, the Minister may seek to have their refugee protection ceased.

The risk is especially serious where the protected person:

1. Renews a national passport.
2. Applies for a new national passport.
3. Uses the national passport for travel.
4. Travels to the country of persecution or nationality.
5. Seeks consular assistance from the country of nationality.
6. Uses the passport in a way that suggests reliance on that country’s protection.

A request for the return of an already-held passport is not automatically reavailment. However, it may raise serious questions if the reason for the request is unclear or if the client later uses the passport improperly.

Is there usually a need for the original passport?

In most cases, no.

For a protected person’s permanent residence application, copies of identity documents are usually used. For a Refugee Travel Document, the person relies on proof of protected person status, such as an IRB decision, Confirmation of Permanent Residence, or Verification of Status, depending on the situation.

Also, at the refugee claim intake stage, the claimant usually receives certified copies of the documents held by IRCC or CBSA. The person also receives refugee identity documentation, such as the RPCD or RPID, depending on the stage and process.

Therefore, if the reason is “I need it for PR” or “I need it to travel,” the original national passport is usually not the correct solution.

If the purpose is travel, use a Refugee Travel Document

A protected person should normally not use the national passport for travel. Instead, they should apply for a Refugee Travel Document from Passport Canada.

A Refugee Travel Document is the appropriate travel document for Convention refugees and persons in need of protection. However, it cannot be used to travel to the country of citizenship or the country in which persecution is claimed.

If a protected person says, “I need my passport so I can travel,” that should immediately trigger a careful cessation-risk conversation. The safer question is:

Can the person travel using a Refugee Travel Document instead?

When could requesting the passport be justified?

There are limited exceptions. The key is that the reason must be specific, documented, and unrelated to reavailment.

Examples may include:

1. A power of attorney for property, inheritance, litigation, banking, pension, divorce, or estate matters in the home country.
2. A foreign court, registry, bank, or lawyer requires the original passport for identity verification.
3. A civil transaction where certified copies, Canadian ID, protected person documents, and notarized declarations are refused.
4. A need to resolve an urgent family or legal matter abroad without travelling to the country of persecution.
5. A lost or unusable certified copy, where a replacement certified copy is not enough.

Even in these cases, requesting the original passport should usually be a last resort.

Power of attorney as an example

A power of attorney is one of the more understandable reasons. A protected person may need to authorize a trusted person in the home country to sell property, manage an estate, handle a bank account, deal with family law issues, or complete a court process.

However, the person should first explore safer alternatives:

1. Prepare the power of attorney in Canada.
2. Sign it before a Canadian notary public or lawyer.
3. Authenticate or apostille the document, if required.
4. Send the authenticated or apostilled document abroad.
5. Use the certified copy of the passport that IRCC or CBSA already issued.
6. Use Canadian identification and protected person documents.
7. Obtain written confirmation from the foreign lawyer, notary, bank, court, or registry if they state that the original passport is required.

The person should avoid contacting the embassy or consulate of the country of persecution unless they have received competent advice on cessation risk. Embassy or consular involvement may create additional reavailment concerns.

The safest order of options

The safest approach is usually not to ask for the original passport first. Consider the following order.

Option 1: Use existing certified copies

This is usually the safest option. At the time of refugee intake, IRCC or CBSA generally provides certified copies of the passport and other identity documents.

If the institution abroad accepts certified copies, there may be no reason to request the original passport.

Option 2: Request a new certified copy

If the original certified copy is lost, damaged, illegible, or incomplete, the protected person may request another certified copy.

This is safer than asking for the original passport. The request should clearly explain why the certified copy is needed and should avoid language suggesting that the person wants to use the national passport as a travel document.

Option 3: Use a Canadian-notarized document

For power of attorney or civil matters abroad, the person may be able to prepare a Canadian-notarized document and have it authenticated or apostilled for use outside Canada.

This may avoid the need to retrieve the passport or contact the authorities of the country of nationality.

Option 4: Ask the foreign institution for written confirmation

If a foreign authority, bank, lawyer, notary, or registry insists on the original passport, ask for that requirement in writing.

This written proof is important. It helps show that the request is for a narrow identity-verification purpose, not travel, renewal, or consular protection.

Option 5: Request the return of the original passport as a last resort

Only consider this option if the client has a clear, documented, non-travel reason and safer alternatives have failed.

The request should explain:

1. The client is a protected person.
2. The RPD decision is final and not challenged.
3. The client is not seeking to renew the passport.
4. The client is not seeking to use the passport for travel.
5. The client is not seeking consular protection.
6. The client needs the document only for a specific private legal or civil purpose.
7. The client has tried safer alternatives, but they were refused or insufficient.
8. The client is willing to accept a certified copy if the original cannot be released.

How to request the document if IRCC holds it

If IRCC holds the passport, the official way to proceed is usually to contact IRCC via the IRCC web form or by phone.

The request should be specific and carefully worded. It should include:

1. The client’s full name.
2. UCI.
3. Date of birth.
4. Current address.
5. Phone number and email.
6. RPD file number, if available.
7. Copy of the positive RPD decision.
8. Proof that the decision is final, if available.
9. Copy of the certified passport copy already issued, if available.
10. Clear explanation of why the document or certified copy is needed.
11. Confirmation that the request is not for passport renewal, travel on the national passport, or consular protection.

IRCC says the request will be sent to the office holding the passport or travel document. That office will then contact the person with the next steps.

This means a walk-in visit is not usually the best first step. The safer approach is to create a written record through the official channel and wait for the responsible office to provide instructions.

How to request the document if CBSA holds it

If the passport was held or formally seized by CBSA, first check whether the client received a BSF698 Notice of Seizure of Travel and/or Identity Document(s).

If there is a BSF698 notice, CBSA’s BSF699 form may apply. The BSF699 is the Application for the Return of Seized Travel and/or Identity Document(s). It refers to the seizure framework under IRPA and IRPR.

The form requests seizure details and should be mailed to the address listed on the BSF698 notice.

In CBSA cases, the representative should review the seizure documents carefully. Not every case is identical. Some passports are held as part of refugee processing. Others may be formally seized because of concerns about improper or fraudulent use.

The wording of the request matters.

Should the client visit IRCC or CBSA in person?

A client should not assume that walking into an IRCC or CBSA office is the safest or most effective option.

In some cases, the office holding the document may invite the person to collect it. That is different from showing up without instructions.

The safer general sequence is:

1. Identify whether IRCC or CBSA holds the document.
2. Review the certified copy and any seizure notice.
3. Determine whether the client needs the original or only a certified copy.
4. Submit the request through the proper official pathway.
5. Ask for an appointment or written pickup instructions if the office is willing to release the document.
6. Keep a full record of the request, response, and reason for release.

A spontaneous in-person visit may create confusion, may not be accepted, and may leave the client without a proper written record.

What should the client not do?

An approved refugee claimant should not:

1. Renew their national passport without legal advice.
2. Use the national passport for travel.
3. Travel to the country of persecution.
4. Ask the home country’s embassy for assistance without advice.
5. Say they need the passport for convenience.
6. Request the passport without documenting the purpose.
7. Ignore the certified copies already issued by IRCC or CBSA.
8. Treat PR status as protection against cessation.

Permanent residence does not automatically eliminate the risk of cessation. In some cases, cessation may also have consequences for permanent resident status.

Practical checklist before requesting the passport

Before making any request, ask the client these questions:

1. Why do you need the passport?
2. Who is asking for it?
3. Is there a written request from the foreign institution?
4. Will a certified copy be accepted?
5. Will a Canadian ID be accepted?
6. Will a Canadian-notarized document be accepted?
7. Can the document be apostilled or authenticated in Canada?
8. Do you intend to renew the passport?
9. Do you intend to travel with the passport?
10. Do you intend to travel to your country of nationality?
11. Do you intend to contact your embassy or consulate?
12. Have you applied for permanent residence as a protected person?
13. Do you have a Refugee Travel Document application pending?
14. Was the document held by IRCC or CBSA?
15. Was there a formal seizure notice?

If the answers raise any concern about travel, renewal, consular contact, or return to the country of persecution, do not proceed casually.

Suggested wording for a cautious request

A cautious request may say something like this:

The applicant is a protected person in Canada following a positive RPD decision. The Minister has not challenged the decision, and it is final for this request. The applicant is not seeking the passport for travel, renewal, consular protection, or return to the country of nationality. They require identity evidence for a limited private legal matter, namely [explain purpose]. The applicant first seeks a certified copy of the passport. If a certified copy is unavailable or insufficient, the applicant requests instructions on whether and how the original passport may be released for this limited purpose.

This wording is not a template for every case. Each request should be adapted to the facts.

Conclusion

An approved refugee claimant can sometimes request the return of a passport or a certified copy of a passport held by IRCC or CBSA. However, the request should never be treated as routine.

For most protected persons, the original national passport is not needed for permanent residence or travel. Nevertheless, for travel purposes, the appropriate document is usually a Refugee Travel Document. For identity purposes, certified copies and protected person documents may be sufficient.

There are exceptions, such as power of attorney, property, inheritance, banking, or court matters in the home country. Even then, the safest approach is to try certified copies, Canadian-notarized documents, authentication, or apostille before requesting the original passport.

The central question remains:

Why does the protected person need the national passport, and could the request or later use create a cessation concern under IRPA s.108?

Useful links and official resources

You may review the following official resources for more information:

1. IRCC: Claiming refugee protection from within Canada, after you submit your claim
2. IRCC: Claiming refugee protection at the border, what to expect
3. IRCC Help Centre: How do I get my seized passport or travel document back?
4. CBSA Form BSF699: Application for the Return of Seized Travel and/or Identity Document(s)
5. IRPA s.108: Rejection, cessation and vacation of refugee protection
6. IRPR s.254: Application for return by the person from whom the thing was seized
7. IRPR s.255: Application for return by the lawful owner
8. IRB Legal Concepts: Chapter 12, Applications to cease refugee protection
9. IRCC Help Centre: I am a refugee, and I need to travel outside Canada. What documents do I need to travel?
10. Passport Canada: Apply for a travel document for non-Canadians who can apply
11. Global Affairs Canada: Authenticate your documents before you start
12. Global Affairs Canada: Improving authentication services in Canada and apostille changes
13. Ontario: Authenticate a document for use outside Canada