2 total
Judicial review granted; RAD decision unreasonable for failing to demonstrate application of IRB Guidelines regarding gender-related persecution.
The applicant sought judicial review of a Refugee Appeal Division (RAD) decision dismissing her appeal of a Refugee Protection Division (RPD) decision rejecting her refugee protection claim.
The RPD had found the applicant not credible regarding her allegations of spousal abuse.
The applicant argued the RAD unreasonably exercised its role by failing to apply IRB Chairperson's Guidelines 4 (Women Refugee Claimants Fearing Gender-Related Persecution) and 8 (Vulnerable Persons).
The Federal Court found the RAD's reasons did not demonstrate sufficient engagement with or application of the Guidelines, rendering the decision unreasonable.
The application for judicial review was allowed and the matter remitted to a differently constituted panel.
Judicial review of exclusion order for overstaying study permit dismissed.
The applicant, a citizen of Mali, came to Canada on a study permit that expired in March 2019.
After she was arrested for criminal offences in November 2019, an immigration officer issued an inadmissibility report and an exclusion order for failing to leave Canada at the end of her authorized stay.
The applicant applied for judicial review, arguing the decision was arbitrary and ignored steps she took to regularize her status.
The Federal Court dismissed the application, finding the officer's decision reasonable as evidence of her efforts was not before the officer and the applicant had been out of status for several months.
