MA6-04030

Immigration and Refugee Board Refugee Protection Division Commission de l'immigration et du statut de réfugié Section de la protection des réfugiés RPD File No. / No de dossier de la SPR : MA6-04030 Private Proceeding Huis clos LOSS OF STATUS Applicant Demandeur Minister of Citizenship and Immigration Respondent Intimé XXXXX XXXXX XXXXX Date(s) of Hearing Date(s) de l'audience July 24, 2007 Place of Hearing Lieu de l'audience Montréal, Quebec Date of Decision Date de la décision August 8, 2007 Panel Tribunal José wa Tshisungu Tshisungu Claimant's Counsel Conseil du demandeur d'asile Me Joseph W. Allen Refugee Protection Officer Agent de la protection des réfugiés (Filing of documents) Designated representative Représentant désigné N/A Minister's Counsel Conseil du ministre Isabelle Poulin LOSS OF STATUS Counsel for the Minister (the applicant) applied, under section 108 of the Immigration and Refugee Protection Act1 and Rule 57 of the Refugee Protection Division Rules, for cessation of the refugee protection granted to the respondent following a notice of decision issued on July 6, 2001. The applicant has filed an application because the respondent has voluntarily re-availed himself of the protection of his country of nationality, the Democratic Republic of the Congo (DRC), by applying for a passport from the country from which he sought refugee protection. In support of the application, the applicant filed a number of documents, including M-3 (passport from the Democratic Republic of the Congo), which establishes that the respondent is a citizen of that country. Having heard of the applicant's motion, the Refugee Protection Division (RPD) sent the respondent a notice to appear so that he could be heard, in keeping with the principle of natural justice. Having heard the applicant and the respondent, and having analyzed all of the evidence, the panel considers that the claimant admitted to voluntarily applying for a Congolese passport. His explanation that he applied for a Congolese passport to help out a friend cannot reverse the intent and the letter of paragraph 108(a), which states that a person ceases to be a convention refugee when they have voluntarily re-availed themself of the protection of their country of nationality. Furthermore, the fact that the respondent kept the passport although he alleged that the Congolese consular services in XXXXX were asking him to return it indicates that he still wants to enjoy the protection that the passport provides. Consequently, in this case, the panel is of the opinion that there is no justification for maintaining his refugee status. CONCLUSION The panel allows the applicant's application and determines that the respondent's refugee protection has ceased. José wa Tshisungu Tshisungu José wa Tshisungu Tshisungu August 8, 2007 Date 1 108. (1) A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances: (a) the person has voluntarily reavailed themself of the protection of their country of nationality; (b) the person has voluntarily reacquired their nationality; (c) the person has acquired a new nationality and enjoys the protection of the country of that new nationality; (d) the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or (e) the reasons for which the person sought refugee protection have ceased to exist. REFUGEE PROTECTION DIVISION / MINISTER'S INTERVENTION / APPLICATION / CANCELLATION / REFUGEE STATUS / VOLUNTARY RE-AVAILMENT OF PROTECTION / COUNTRY OF ORIGIN / MALE / POSITIVE / DEMOCRATIC REPUBLIC OF CONGO --------------- --------------- --------------- --------------- RPD File No. / No de dossier de la SPR : MA6-04030 2