Immigration law / Passports

Is it reasonable for the RPD to rely upon evidence of the refugee’s lack of subjective [let alone any] knowledge that use of a passport confers diplomatic protection to rebut the presumption that a refugee who acquires and travels on a passport issued by their country of origin has intended to avail themselves of that state’s protection? Yes. Is it reasonable for the RPD to rely upon evidence that a refugee took measures to protect themselves against their agent of persecution [or that of their family member who is the principal refugee applicant] to rebut the presumption that a refugee who acquires [or renews] a passport issued by their country of origin and uses it to return to their country of origin has intended to avail themselves of that state’s protection? Yes.

29 March 2022 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Cessation clauses - Diplomatic protection - Passports | Countries: Canada - Colombia

3 June 2005 | Judicial Body: Colombia: Consejo de Estado | Topic(s): Children's rights - Illegal immigrants / Undocumented migrants - International Convention on the Rights of Migrant Workers (ICRMW) - Migrant rights - Passports - Right to a nationality - Right to registration at birth - Visas | Countries: Colombia