2 total
Judicial review of security reclassification allowed in part due to unreasonable assessment of escape risk.
The applicant, an inmate serving a life sentence, sought judicial review of CSC decisions raising his security classification to medium and transferring him to a medium security institution.
He challenged the refusal of a 10-day extension to make written representations before transfer, the raising of his public safety risk, and the raising of his escape risk.
The Federal Court found the refusal of the extension and the moderate public safety risk rating reasonable, but set aside the escape risk rating determination for improperly relying on assumptions unsupported by the inmate's history, referring that portion back for redetermination.
Judicial review of RAD decision denying refugee protection to Israeli BDS activist dismissed.
The applicant, an Israeli-born activist involved in the BDS movement, sought judicial review of a decision by the Refugee Appeal Division (RAD) upholding the denial of his refugee protection claim.
He argued that the RAD erred in its assessment of new evidence, failed to hold a hearing, and incorrectly found that state protection was available in Israel.
The Federal Court dismissed the application for judicial review, finding the RAD's decision reasonable in all respects, including its determination that the applicant failed to rebut the presumption of state protection in a democratic country.