Hi
I am a refugee claimant and my passport was seized by immigration department when I claimed asylum in Canada. I have been waiting for my hearing for one year and a half but no news yet!!!!!
The question is:
I want to get my passport from the department and get it renewed and return it to immigration department once it is renewed! Is that possible? Any ideas Guys!!!!
Please let me know if you have any clues!
Thanks
Imad
1. If you renew your passport, then CBSA is going to make the assumption that you have re-availed yourself of the protection of your country. From a Federal Court decision
The question before the RPD was to determine whether Mr. Norouzi, through his actions, had "voluntarily re-availed himself of the protection of Iran." To answer this question, the RPD first considered paragraph 1 of the United Nations High Commissioner for Refugees (UNHCR)'s 1951 Refugee Convention, which, along with the
Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees [Handbook], describes the conditions that must be met for cessation of refugee protection. There are three: (1) voluntariness; (2) intention; and (3) re-availment: the refugee must actually obtain such protection. The RPD then considered paragraphs 121–125 of the Handbook, which state that
"if a refugee applies for and obtains a national passport or its renewal, it will, in the absence of proof to the contrary, be presumed that he intends to avail himself of the protection of the country of his nationality."
