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Judicial review allowed where IAD unreasonably failed to follow binding Federal Court precedent.
The applicant sought judicial review of an Immigration Appeal Division (IAD) decision that allowed the Minister's appeal and issued a deportation order.
The Immigration Division had originally declined to issue the order, finding that res judicata applied based on a prior Federal Court precedent involving similar facts.
The IAD overturned this, explicitly choosing not to apply the Federal Court precedent.
The Federal Court allowed the application for judicial review, finding that the IAD erred by failing to adhere to the doctrine of vertical stare decisis (binding precedent).
The IAD did not establish that any of the recognized exceptions to following higher court precedent applied.
