REFUGEE PROTECTION - Who constitute - Convention refugees - Loss of refugee status - Changed circumstances

Law360 Canada (November 14, 2023, 6:23 AM EST) -- Application by Edirimanna for judicial review of Refugee Protection Division’s (RPD) decision ceasing his Convention refugee status. The Applicant came to Canada on a visa as a spouse of a Sri Lankan consular employee. He renewed his Sri Lankan passport at the Sri Lankan Consulate in Toronto, Canada. However, Edirimanna made a refugee claim based on a fear of persecution by the Sri Lankan authorities. Several events occurred in Sri Lanka that prompted Edirimanna and his family to seek refugee protection. The Applicant and his family were found to be Convention refugees and he received permanent resident status. In January 2020, Edirimanna travelled to Sri Lanka using his Sri Lankan passport to visit his ailing uncle. However, when he returned to Canada, he was intercepted and interviewed by a Canada Border Services Agency officer. The Minister of Citizenship and Immigration (Minister) brought an application seeking cessation of the Applicant’s refugee status on the ground that he reavailed himself of Sri Lanka’s protection by obtaining a new Sri Lankan passport and using it to travel to Sri Lanka. The RPD determined that by returning to Sri Lanka, the Applicant demonstrated a voluntary intention to reavail himself of the diplomatic protection of that country and, as a result, his claim for refugee protection was deemed rejected. The RPD granted the Minister’s application finding that the Applicant had failed to rebut the presumption of voluntary reavailment by returning to Sri Lanka....
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