TB3-07545

TB3-07545

On the balance of probabilities the respondent voluntarily re-availed himself of Colombian protection by obtaining and using a Colombian passport and voluntarily re-established himself by returning, residing and resuming his prior vocation in Colombia; accordingly his Convention refugee status ceased under section 108 of IRPA.

Citation
TB3-07545
Parties
Claimant: XXXX XXXX XXXX XXXX; Applicant: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 February 2014
Procedural Posture
Cessation Application Under Section 108 IRPA / Decision (rpd)
Outcome
Minister's application allowed; Convention refugee status ceased under section 108 IRPA
Legal Topics
Cessation, Re Availment of National Protection, Re Establishment, Residency Obligation, Passport Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Cessation Re Availment of National Protection Re Establishment Residency Obligation Passport Evidence

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Claimant

Minister (Canada)

Applicant

Procedural Posture

Cessation Application Under Section 108 IRPA / Decision (rpd)

Legal Issues

  1. 1 Whether the respondent voluntarily re-availed himself of Colombian protection under s.108(1)(a)
  2. 2 Whether the respondent voluntarily re-established himself in Colombia under s.108(1)(d)
  3. 3 Whether issuance and use of a Colombian passport and periods of residence and travel prove re-availment and re-establishment

Ratio Decidendi

On the balance of probabilities the respondent voluntarily re-availed himself of Colombian protection by obtaining and using a Colombian passport and voluntarily re-established himself by returning, residing and resuming his prior vocation in Colombia; accordingly his Convention refugee status ceased under section 108 of IRPA.

Court Disposition

Minister's application allowed; Convention refugee status ceased under section 108 IRPA

Orders

  • Convention refugee status of XXXX XXXX XXXX XXXX ceased pursuant to section 108 of the Immigration and Refugee Protection Act
  • The claimant's refugee claim is deemed rejected pursuant to section 108(3) IRPA