1 total
Judicial review application allowed due to the Immigration Division's failure to adequately address expert evidence.
The applicant sought judicial review of a decision by the Immigration Division finding him inadmissible to Canada under paragraph 35(1)(a) of the Immigration and Refugee Protection Act for complicity in crimes against humanity and war crimes committed by the Afghan National Directorate of Security.
The Federal Court allowed the application, finding that the Immigration Division failed to substantively engage with or adequately explain its rejection of the applicant's expert evidence, which opined that the organization had undergone reforms and did not systematically practice torture during the applicant's tenure.