Paragraph 121 of the UNHCR Handbook makes a distinction between actual reavailment and occasional or incidental contacts with national authorities. For example, it provides the example of obtaining a passport, which raises a presumption that the protected person intends to reavail, as opposed to obtaining other documents such as birth or marriage certificates, which would not normally be considered to constitute reavailment.
In addition, paragraph 125 of the UNHCR Handbook makes a distinction between travel with a passport issued by the refugee’s country of nationality, and travel with another document -- the latter not necessarily resulting in actual reavailment of protection. Canadian jurisprudence has also emphasized in some cases that travel with a passport from the person’s country of nationality implies that the person has availed himself or herself of the “diplomatic protection” of that country.Note54
The Courts have examined several factors to determine if a protected person actually reavailed himself or herself of the protection of their country of nationality. As described below, use of a passport to travel, the reason for the travel, whether or not the protected person took precautions, and the length of the visit are all factors that the RPD and the Courts have considered to answer the question of whether the protected person has actually reavailed