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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