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Immigration law / Passports

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MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant and MARIA CAMILA GALINDO CAMAYO Respondent and UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES and CANADIAN ASSOCIATION OF REFUGEE LAWYERS Interveners

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 | Document type: Case Law | Topic(s): Cessation clauses - Diplomatic protection - Passports | Countries: Canada - Colombia

COI Note: Participation in Anti-Government Protests; Draft Evasion; Issuance and Application of Partial Amnesty Decrees; Residency in (Formerly) Opposition-Held Areas; Issuance of Passports Abroad; Return and "Settling One's Status"

7 May 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

Guatemala: Acuerdo de Autoridad Migratoria Nacional No. 7-2019 Reglamento General del Código de Migración

17 January 2020 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

Switzerland: Judgement FAC D629_2017 of 4 Jul. 2019[1528]

Question about granting second asylum to a Chinese national of Tibetan ethnicity born in India. Second asylum, within the meaning of Art. 50 LAsi, does not presuppose recognition as a refugee in a first state of asylum that is a signatory to the Refugee Convention.

4 July 2019 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Family reunification - Freedom of movement - Passports - Refugee / Asylum law - Visas | Countries: China - Switzerland

Ukraine, Hungary in diplomatic tit-for-tat expulsions amid passport dispute

4 October 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News

Rwanda: Law N°57/2018 of 13/08/2018 on Immigration and Emigration in Rwanda

20 September 2018 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

Country of Origin Information Report on the Russian Federation: The situation for Chechens in Russia

August 2018 | Publisher: European Union: European Asylum Support Office (EASO) | Document type: Country Reports

République démocratique du Congo : information sur le passeport biométrique, y compris sur son apparence et ses éléments de sécurité; information sur les exigences et la marche à suivre pour obtenir le passeport, tant à l'intérieur du pays qu'à l'étranger (2016-juillet 2018)

4 July 2018 | Publisher: Canada: Immigration and Refugee Board of Canada | Document type: Query Responses

Democratic Republic of the Congo: The biometric passport, including its appearance and security features; requirements and procedure for obtaining a biometric passport from inside and outside the country (2016-July 2018)

4 July 2018 | Publisher: Canada: Immigration and Refugee Board of Canada | Document type: Query Responses

CASE OF ALPEYEVA AND DZHALAGONIYA v. RUSSIA (Applications nos. 7549/09 and 33330/11)

Due to the authorities mishandling of procedures related to the granting of citizenship, the applicants had found themselves not only in a situation comparable to that in the Smirnova case, but also faced consequences affecting their social identity far more fundamentally as they had been deprived of any legal status in Russia. They had become stateless persons and remained so until 2010 and 2013 respectively. It had taken the authorities from 2007 until 2013 for the general problem to be solved. Since the authorities’ oversight had resulted in consequences for the applicants so severely affecting their private life, it amounted to an arbitrary interference. The authorities had thus failed to act diligently.

12 June 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Passports - Statelessness | Countries: Russian Federation

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