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

15 July 2011 | Judicial Body: Canada: Federal Court of Appeal | Countries: Canada - Congo, Democratic Republic of the

6 July 2010 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Armed forces / Military - Complementary forms of protection - Deportation / Forcible return - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: Canada - United States of America

6 May 2009 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Complementary forms of protection - Crimes against humanity - Exclusion clauses - Freedom from torture, inhuman and degrading treatment | Countries: Canada - Nicaragua

13 March 2009 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Children's rights - Complementary forms of protection - Rejected asylum-seekers | Countries: Argentina - Canada

On appeal from the Federal Court: 2008 FC 238.

17 December 2008 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Criminal justice - Drug trafficking - Exclusion clauses - Serious non-political crime | Countries: Canada - Sri Lanka

On appeal from the Federal Court: 2008 CF 238.

17 December 2008 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Criminal justice - Drug trafficking - Exclusion clauses - Serious non-political crime | Countries: Canada - Sri Lanka

17 December 2008 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Combatants / Former combatants - Human rights and fundamental freedoms - Internal armed conflict - International armed conflict | Countries: Afghanistan - Canada

3 December 2008 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) | Countries: Canada - Sri Lanka