Esther Lexchin

The applicant sought judicial review of a decision by the Immigration Appeal Division (IAD) dismissing his appeal of a deportation order for serious criminality.

The applicant had been convicted of sexual interference.

The parties had submitted a joint recommendation for a three-year stay of the removal order.

The Federal Court granted the application for judicial review, finding the IAD's decision unreasonable because it failed to provide adequate reasons for rejecting the joint recommendation and made contradictory findings regarding the applicant's risk of drug relapse.

The matter was remitted for redetermination.

The applicant sought judicial review of a Refugee Appeal Division (RAD) decision confirming the refusal of her refugee claim based on an internal flight alternative in Freeport, Bahamas.

The RAD refused to admit the applicant's 2019 affidavit as new evidence, which the Court found reasonable.

However, the Court found that the RAD made reviewable errors in its assessment of the identities and motivation of the alleged agents of persecution, and failed to consider material evidence regarding the interconnected nature of the Bahamian population.

The application for judicial review was allowed.