Case Law

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

19 August 2019 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Appeal / Right to appeal - Family reunification - Refoulement - Safe third country | Countries: Bangladesh - Canada - Colombia - Jordan - Syrian Arab Republic - United States of America

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

15 November 2017 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Topic(s): Climate change (including environmental migrants) - Human rights courts - Human rights law | Countries: Colombia

22 September 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Disappeared persons - Right to liberty and security - Right to life | Countries: Colombia

10 March 2015 | Judicial Body: Colombia: Corte Constitucional | Topic(s): Gender discrimination - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Colombia

7 July 2014 | Judicial Body: United States Court of Appeals for the First Circuit | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Gang related violence | Countries: Colombia - United States of America

18 April 2014 | Judicial Body: United States Court of Appeals for the First Circuit | Topic(s): Drug trafficking - Persecution of family members - Visas | Countries: Colombia - United States of America

14 March 2014 | Judicial Body: Canada: Federal Court | Topic(s): Gang related violence - Grounds for persecution - Threats / Intimidation - Well-founded fear of persecution | Countries: Canada - Colombia - United States of America

8 January 2014 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Domestic violence | Countries: Canada - Colombia

10 September 2013 | Judicial Body: Colombia: Corte Constitucional | Topic(s): Constitutional law - Statelessness - Treaties / Agreements / Charters / Protocols / Conventions / Declarations | Countries: Colombia