TB5-00288

TB5-00288

On the balance of probabilities the respondent voluntarily, intentionally and actually re‑availed herself of the protection of Georgia by obtaining Georgian passports and by entering Georgia and other states using that passport; therefore her refugee status ceased under s.108(1)(a) and the cessation application is allowed under s.108(2) with the claim deemed rejected under s.108(3).

Citation
TB5-00288
Parties
Applicant: Minister of Canada; Protected Person: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 December 2018
Procedural Posture
Cessation of Refugee Protection / Decision on Cessation Application Following Hearing
Outcome
Application allowed; refugee protection ceased and claim deemed rejected
Legal Topics
Cessation of Status, Re Availment of Protection, Passport Use and Travel, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Cessation of Status Re Availment of Protection Passport Use and Travel Credibility Assessment

Case Brief

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Parties

Minister of Canada

Applicant

XXXX XXXX

Protected Person

Procedural Posture

Cessation of Refugee Protection / Decision on Cessation Application Following Hearing

Legal Issues

  1. 1 Whether the respondent voluntarily re-availed herself of the protection of Georgia by obtaining national passports and travelling on them
  2. 2 Whether the respondent's actions satisfy voluntariness, intention and actual re-availment under s.108(1)(a) of the IRPA and UNHCR guidance
  3. 3 Whether medical evidence or claimed ignorance rebut the presumption that obtaining a national passport indicates intent to avail national protection

Ratio Decidendi

On the balance of probabilities the respondent voluntarily, intentionally and actually re‑availed herself of the protection of Georgia by obtaining Georgian passports and by entering Georgia and other states using that passport; therefore her refugee status ceased under s.108(1)(a) and the cessation application is allowed under s.108(2) with the claim deemed rejected under s.108(3).

Court Disposition

Application allowed; refugee protection ceased and claim deemed rejected

Orders

  • Respondent's claim for refugee protection is deemed rejected pursuant to section 108(3) of the Immigration and Refugee Protection Act
  • Cessation of the Respondent's status as a Convention refugee is granted pursuant to section 108(2) of the Immigration and Refugee Protection Act