Jacques Beauchemin

The applicants, an Egyptian mother and her children, sought judicial review of a RAD decision confirming the RPD's rejection of their refugee claim.

The RPD and RAD found that while the applicants' fear of persecution (pressure to subject the daughter to female circumcision by former in-laws) was credible, they had a viable internal flight alternative in Alexandria.

The Federal Court found the RAD's assessment of the IFA, including its analysis of the mother's ability to relocate as a single divorced woman and the risks of female circumcision, to be reasonable.

The application for judicial review was dismissed.

The applicant, a Syrian citizen residing in Lebanon, applied for permanent residence in Canada under the "Convention refugees abroad" class.

The immigration officer refused the application, concluding the applicant was ineligible.

On judicial review, the Federal Court found that the officer unreasonably analyzed the application under the criteria for the distinct "country of asylum" class in section 147 of the Immigration and Refugee Protection Regulations, rather than analyzing whether the applicant was a Convention refugee under section 96 of the Immigration and Refugee Protection Act as required for the applied-for class.

The Court allowed the application for judicial review and remitted the matter for reconsideration.