VB4-00005

VB4-00005

The panel accepted that the respondent voluntarily applied for and obtained a PRC passport, used it to travel to China and was permitted to enter and exit, and found her explanations not credible; therefore on the balance of probabilities all elements of reavailment under s.108(1)(a) were satisfied and the respondent's refugee protection ceased.

Citation
VB4-00005
Parties
Applicant (minister): Minister of Citizenship and Immigration Canada; Protected Person / Respondent: XXXX XXX XX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 October 2014
Procedural Posture
Cessation Application Under the Immigration and Refugee Protection Act / Hearing and Decision on Minister's Application Under S.108
Outcome
Application allowed; respondent's refugee protection ceased and claim deemed rejected.
Legal Topics
Cessation of Refugee Protection, Reavailment of National Protection, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Cessation of Refugee Protection Reavailment of National Protection Credibility Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Minister of Citizenship and Immigration Canada

Applicant (minister)

XXXX XXX XX

Protected Person / Respondent

Procedural Posture

Cessation Application Under the Immigration and Refugee Protection Act / Hearing and Decision on Minister's Application Under S.108

Legal Issues

  1. 1 Whether the respondent voluntarily reavailed herself of the protection of her country of nationality under s.108(1)(a) IRPA
  2. 2 Whether the respondent intended to reavail herself of PRC protection
  3. 3 Whether the respondent obtained protection from the PRC

Ratio Decidendi

The panel accepted that the respondent voluntarily applied for and obtained a PRC passport, used it to travel to China and was permitted to enter and exit, and found her explanations not credible; therefore on the balance of probabilities all elements of reavailment under s.108(1)(a) were satisfied and the respondent's refugee protection ceased.

Court Disposition

Application allowed; respondent's refugee protection ceased and claim deemed rejected.

Orders

  • Respondent's refugee protection conferred October 13, 2011 is ceased; the respondent's claim is deemed rejected pursuant to s.108(3) of the Immigration and Refugee Protection Act.