Hassan v. Canada (Citizenship and Immigration), 2024 FC 293

Case Summary

The applicant sought judicial review of a decision by the Refugee Appeal Division (RAD) confirming that he was not a Convention refugee. The applicant alleged a fear of persecution from the Taliban in Pakistan. The RAD found the applicant was not credible regarding his brother's alleged kidnapping and concluded he had an Internal Flight Alternative. The Federal Court held the RAD's credibility findings were unintelligible and unreasonable, as it relied on insignificant omissions in corroborating documents to find inconsistencies. The application for judicial review was allowed and the matter remitted for redetermination.