TB5-08785

TB5-08785

The panel found the claimant voluntarily, intentionally and actually reavailed himself of Nepal's protection by obtaining and using Nepalese passports, travelling to Nepal for his wedding, making public wedding-related appearances and registering his marriage with Nepalese authorities; accordingly the claimant's refugee protection was ceased under section 108(1)(a) IRPA.

Citation
TB5-08785
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 April 2019
Procedural Posture
Refugee Cessation Application Under IRPA / Decision on Cessation Application
Outcome
Minister's application allowed; claimant's refugee protection ceased and claimant rejected.
Legal Topics
Cessation of Refugee Status, Reavailment of State Protection, Credibility Assessment, Section 108 IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Cessation of Refugee Status Reavailment of State Protection Credibility Assessment Section 108 IRPA

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Cessation Application Under IRPA / Decision on Cessation Application

Legal Issues

  1. 1 Whether the claimant reavailed himself of the protection of Nepal
  2. 2 Whether any reavailment was voluntary and intentional
  3. 3 Whether the claimant's explanations for travel to Nepal are credible

Ratio Decidendi

The panel found the claimant voluntarily, intentionally and actually reavailed himself of Nepal's protection by obtaining and using Nepalese passports, travelling to Nepal for his wedding, making public wedding-related appearances and registering his marriage with Nepalese authorities; accordingly the claimant's refugee protection was ceased under section 108(1)(a) IRPA.

Court Disposition

Minister's application allowed; claimant's refugee protection ceased and claimant rejected.

Orders

  • Claimant's refugee protection ceased pursuant to section 108(1)(a) of the Immigration and Refugee Protection Act
  • Claimant rejected