The applicant sought judicial review of a decision by the Refugee Protection Division excluding her from refugee protection under section 98 of the Immigration and Refugee Protection Act due to serious criminality under Article 1F(b) of the Refugee Convention.
The RPD found that her use of fraudulently obtained refugee travel documents was equivalent to the Canadian offences of uttering a forged passport and identity fraud, and constituted serious crimes.
The Federal Court held the decision was unreasonable, concluding that a refugee travel document is not a passport and there was no evidence the genuine documents were forged.
The Court also found the RPD's reasoning regarding identity fraud and aggravating factors to be fundamentally flawed.
The application for judicial review was allowed and the matter remitted for reconsideration.
