2 total
Judicial review granted due to ineffective assistance of counsel in refugee claim.
The applicants, citizens of Lebanon, sought judicial review of a Refugee Appeal Division (RAD) decision refusing their claim for asylum.
They alleged ineffective assistance from their former counsel (an immigration consultant).
The Federal Court granted the application, finding that former counsel's failure to address key Refugee Protection Division (RPD) findings on appeal and to advance the principal applicant's fear of risk for defecting from Lebanon's internal security forces fell below the standard of reasonable professional assistance.
This incompetence resulted in a miscarriage of justice by depriving the applicants of a full and fair opportunity to present their case.
The matter was remitted to the RAD for redetermination.
Judicial review granted; RPD unreasonably assumed stateless applicants could reacquire UAE residency.
The applicants, stateless Palestinians from Lebanon, sought judicial review of a decision of the Refugee Protection Division (RPD) denying their claim for protection.
They had lived in the United Arab Emirates on temporary residence permits sponsored by the husband, from whom the principal applicant was estranged.
The RPD found they could renew their residency permits and did not have to consider deportation to Lebanon.
The Federal Court held the RPD's decision unreasonable for assuming the principal applicant could reacquire status in the UAE despite her husband's threats and the expiration of her permit, and for failing to assess the risk in Lebanon.
The application was granted and remitted for reconsideration.
