In an application for judicial review of a decision denying a passport renewal on national security grounds, the respondent moved for an advance ruling to strike an expert affidavit filed by the applicant.
The expert provided evidence on the concept of martyrdom in Islam, profiles of radicalized individuals, and assessing the risk of returnees from terrorist-controlled areas.
The Federal Court granted the motion and struck the affidavit.
The Court held that judicial review is restricted to the evidentiary record before the original decision-maker, and the expert affidavit did not fall within the recognized exceptions for procedural fairness or general background information.
