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Judicial review of RPD decision rejecting refugee claim allowed due to unreasonableness.
The applicant, a citizen of Burundi, sought judicial review of a decision by the Refugee Protection Division (RPD) rejecting her refugee protection claim.
The RPD found her fear of persecution based on ethnicity not credible and concluded she had state protection due to her husband's position in the Burundian government.
The Federal Court allowed the application, finding the RPD's decision unreasonable.
The RPD misapprehended the basis of her claim, which was linked to post-2015 political violence, and inappropriately attributed weight to her past travel.
Furthermore, the RPD unreasonably assessed the availability of state protection in Burundi's current climate and inappropriately focused on her husband's role rather than her personal situation.
The matter was remitted to a differently constituted panel.
