2 total
Judicial review dismissed as the RAD reasonably found the applicant lacked credibility.
The applicant, a citizen of Nigeria, sought judicial review of a decision by the Refugee Appeal Division dismissing her appeal.
The applicant claimed refugee protection based on a fear of her partner's family because she refused female genital mutilation.
The RAD found the applicant lacked credibility due to inconsistencies, her return to Nigeria after travel, and her delay in fleeing.
The Federal Court held that the RAD's credibility findings and assessment of evidence were reasonable, dismissing the application for judicial review.
Application decision noted
The applicant, having been successful in a prior application concerning solicitor's fees, sought costs on a full indemnity basis.
The respondent solicitor acknowledged the applicant's entitlement to costs but disputed the quantum, arguing the matter was uncomplicated and counsel's hours excessive.
The court agreed the matter was not complex and found the solicitor's interpretation of the retainer agreement regarding fees to be unconscionable.
Considering the principles of proportionality and that counsel's hours were somewhat excessive, the court awarded costs of $38,000 inclusive of disbursements and taxes on an elevated scale, to be paid by the respondent within 30 days.
