Annabel E. Busbridge

The applicant sought judicial review of a decision by the Immigration Appeal Division upholding a visa officer's refusal of a sponsorship application based on misrepresentation.

The IAD found it lacked credible evidence that the applicant's first wife was deceased and raised authenticity concerns regarding the applicant's second marriage documents.

The Federal Court found the IAD's decision unreasonable because it failed to account for material eyewitness testimony and corroborating evidence regarding the first wife's death and the subsequent marriage, and provided inadequate justification for negative credibility findings.

The application for judicial review was allowed and the matter remitted for redetermination.

The applicants, citizens of Nigeria and their minor son, a citizen of the United States, sought judicial review of a Refugee Appeal Division (RAD) decision confirming the refusal of their refugee claim.

The RAD found they had a viable internal flight alternative (IFA) in Port Harcourt, Nigeria, away from the wife's Muslim family who opposed her marriage.

The Federal Court found the RAD's application of the IFA test reasonable and determined that the applicants had not established a serious risk of persecution in the IFA.

The application for judicial review was dismissed.