Judicial review of RAD decision dismissed; finding that state protection is available in Fiji for a gay Indo-Fijian man was reasonable.
The applicant, a citizen of Fiji, sought judicial review of a Refugee Appeal Division (RAD) decision dismissing his appeal from a Refugee Protection Division decision that he is not a Convention refugee or a person in need of protection.
The applicant based his claim on his Indo-Fijian ethnicity and his sexual orientation as a gay man.
The RAD found the applicant had not provided clear and convincing evidence that adequate state protection was unavailable in Fiji.
The applicant argued the RAD failed to conduct its analysis consistently with the Chairperson's Guideline 9 regarding SOGIESC claimants.
The Federal Court found the RAD reasonably concluded that the applicant's subjective fear of authorities did not rebut the objective evidence that state protection was available.
The application for judicial review was dismissed.
Work permit refusal for childcare worker overturned as unreasonable.
The applicant sought judicial review of a visa officer's decision refusing her work permit application as a childcare worker.
The officer concluded she failed to establish her ability to perform the work and presented a risk of an unauthorized overstay.
The Federal Court allowed the application, finding the officer's decision unreasonable.
The officer misapprehended the applicant's lawful dual intent to seek temporary worker status and subsequently pursue permanent residency, and ignored significant evidence of her qualifications and ties to her home country.
