ARTICLE · 23 SEPTEMBER 2022

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Voluntarily Returning To Country Of Origin As A Refugee

Garson Immigration Law

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Those who seek refugee status in Canada do so because they have no protection in their country of origin. By granting an individual refugee status, the individual gets international...

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Garson Immigration Law

Those who seek refugee status in Canada do so because they have no protection in their country of origin. By granting an individual refugee status, the individual gets international protection for as long as they require it. However, if an individual returns to the protection of their country of nationality, then they relinquish their refugee status.

A recent Federal Court decision, Caballero v. Canada (Citizenship and Immigration), highlighted multiple ways in which an individual's actions can be interpreted as having reavailed themselves of the protection of their home country. This means that they relinquish their refugee status and are back in the protection in their country of origin.

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