Since July 2003, the Federal Court of Appeal is the successor of the appeal division of the Federal Court of Canada. It has a dual judicial review and appellate jurisdiction, i.e. jurisdiction to hear and determine judicial review applications from the federal boards, commissions and tribunals; and jurisdiction to hear and determine appeals from any final judgment, judgment on a question of law determined before trial, or interlocutory judgment of the Federal Court or the Tax Court of Canada. Website: www.fca-caf.gc.ca/
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.