2 total
Judicial review dismissed; RAD reasonably rejected new evidence and upheld RPD credibility findings.
The applicants sought judicial review of a decision by the Refugee Appeal Division upholding the Refugee Protection Division's finding that they were not Convention refugees or persons in need of protection.
The RPD had found the principal applicant not credible regarding the death of her son and alleged domestic violence.
The RAD refused to accept new evidence submitted on appeal, finding it could have been provided earlier.
The Federal Court found the RAD's decision on the new evidence and credibility findings was reasonable and dismissed the application for judicial review.
The court dismissed the parents' motions for access and status review due to statutory restrictions.
The respondent mother brought a Form 14B motion seeking leave to bring a motion for access to her two children, who had been made crown wards without access.
The respondent father brought a Form 14B motion seeking leave to bring a status review application regarding the older child.
The Children's Aid Society sought dismissal of both motions.
The court dismissed both motions, finding that the mother's request was improperly framed and that statutory restrictions prevented either parent from bringing the requested proceedings.
The court imposed restrictions on further filings by the parents prior to December 8, 2017.
