Alison Engel-Yan

The applicants, a family from Nigeria, sought judicial review of a Refugee Appeal Division (RAD) decision confirming the Refugee Protection Division's (RPD) rejection of their claim for refugee protection.

The principal applicant claimed he feared for his life in Nigeria due to his bisexuality.

The RPD and RAD found numerous inconsistencies in his narrative and rejected the claim on credibility grounds.

The applicants argued the RAD decision was unreasonable and that the RPD breached procedural fairness by not giving them an opportunity to address credibility concerns regarding text messages and an email.

The Federal Court found the RAD reasonably concluded the principal applicant failed to establish his claim and that no procedural fairness breaches occurred.

The application for judicial review was dismissed.

The applicant sought judicial review of a visa officer's decision finding him inadmissible to Canada on grounds of serious criminality under s. 36(1)(c) of the Immigration and Refugee Protection Act, based on allegations that he assaulted his ex-wife with a weapon in Syria.

The applicant argued the process was procedurally unfair and the decision unreasonable because the officer relied on insufficient notice and failed to properly assess exculpatory evidence.

The Federal Court dismissed the application, finding that the procedural fairness letter provided sufficient notice of the case to meet and that the officer's assessment of the evidence, including the omission of a relied-upon passport page, was reasonable.