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Judicial review granted; RAD unreasonably refused to admit new identity evidence on appeal.
The applicant sought judicial review of a Refugee Appeal Division (RAD) decision confirming the Refugee Protection Division's finding that he failed to establish his identity.
The RAD had refused to admit new evidence, including a passport application receipt and a birth information verification.
The Federal Court found the RAD's refusal to admit the new evidence unreasonable, noting the RAD failed to consider the materiality of the potential arrival of the passport and unreasonably relied on a lack of authenticity features for the birth verification without internal coherence.
The application for judicial review was granted.