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Judicial review granted; RAD unreasonably extended applicant credibility concerns to independent corroborative evidence.
The applicants sought judicial review of a decision by the Refugee Appeal Division (RAD) dismissing their appeal from the Refugee Protection Division (RPD).
The RAD had upheld the RPD's finding that the principal applicant, a pro-Kurdish activist from Turkey, was not credible and had afforded her corroborative evidence little to no weight.
On judicial review, the Federal Court found that the RAD unreasonably extended its credibility concerns regarding the applicant to the corroborative evidence, effectively requiring the corroborative evidence to overcome the applicant's credibility issues rather than assessing it independently.
The application for judicial review was allowed, and the matter returned for redetermination.
