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.
STATE OBLIGATIONS IN RELATION TO THE ENVIRONMENT IN THE CONTEXT OF
THE PROTECTION AND GUARANTEE OF THE RIGHTS TO LIFE AND TO PERSONAL
INTEGRITY: INTERPRETATION AND SCOPE OF ARTICLES 4(1) AND 5(1) IN
RELATION TO ARTICLES 1(1) AND 2 OF THE AMERICAN CONVENTION
ON HUMAN RIGHTS