Title | 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 |
Publisher | Canada: Federal Court of Appeal |
Publication Date | 29 March 2022 |
Country | Canada | Colombia |
Topics | Cessation clauses | Diplomatic protection | Passports |
Related Document(s) | Canada (MCI) v Camayo - Memorandum of the Intervener: U.N. High Commissioner for Refugees |
Cite as | 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, Canada: Federal Court of Appeal, 29 March 2022, available at: https://www.refworld.org/cases,CAN_FCA,624d96884.html [accessed 17 May 2023] |
Comments | 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. |
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