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Judicial review granted due to ineffective assistance of counsel in refugee claim.
The applicants, citizens of Lebanon, sought judicial review of a Refugee Appeal Division (RAD) decision refusing their claim for asylum.
They alleged ineffective assistance from their former counsel (an immigration consultant).
The Federal Court granted the application, finding that former counsel's failure to address key Refugee Protection Division (RPD) findings on appeal and to advance the principal applicant's fear of risk for defecting from Lebanon's internal security forces fell below the standard of reasonable professional assistance.
This incompetence resulted in a miscarriage of justice by depriving the applicants of a full and fair opportunity to present their case.
The matter was remitted to the RAD for redetermination.
