The applicant, a citizen of Sudan, sought judicial review of a RAD decision dismissing his appeal from the RPD.
The applicant claimed refugee protection after defecting from the Sudanese Embassy in Washington, D.C. The primary issue was whether the RAD erred by refusing to admit a May 2017 internal Sudanese government letter as new evidence.
The Federal Court found the RAD unreasonably failed to consider the letter's relevance and probative value under section 29(4) of the RAD Rules, noting the letter was material to whether the applicant was sought by the government.
The application for judicial review was granted.
