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Judicial review allowed because the RAD failed to meaningfully apply the Gender Guidelines in its credibility assessment.
The applicants sought judicial review of a Refugee Appeal Division (RAD) decision dismissing their claims for refugee protection.
The principal applicant, a citizen of Nigeria, based her claim on a fear of her former husband's family.
The RPD found her not credible due to omissions in her Basis of Claim narrative, and the RAD upheld this finding.
On judicial review, the Federal Court held that the RAD erred by failing to meaningfully apply the Chairperson's Gender Guidelines when assessing the omissions in the principal applicant's testimony.
The application for judicial review was allowed and the matter was remitted for redetermination.
