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

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

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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