2 total
Judicial review dismissed; decision to reopen refugee claim pending criminal charge is interlocutory.
The applicant made an inland refugee claim that was accepted by the Refugee Protection Division.
The applicant had failed to disclose a criminal charge.
The Minister successfully applied to reopen the claim to consider suspending it pending the criminal charge outcome.
The applicant sought judicial review of the reopening decision.
The Minister moved to dismiss the application.
The Federal Court granted the motion, finding the decision to reopen was interlocutory and not subject to judicial review.
Judicial review granted where RAD unreasonably assessed authenticity of medical and police documents.
The applicant sought judicial review of a decision of the Refugee Appeal Division confirming the Refugee Protection Division's refusal of his refugee claim.
The determinative issue was credibility, specifically the authenticity of supporting police and medical documents.
The Court found that while the RAD reasonably refused to admit new evidence and did not breach procedural fairness in making independent credibility findings, its treatment of the medical and police reports was unreasonable and unsupported by the record.
The application for judicial review was granted.
