The applicants, citizens of Bangladesh, sought judicial review of a decision by the Refugee Appeal Division (RAD) confirming the rejection of their refugee claim.
The RAD had found an internal flight alternative (IFA) in Dhaka and made a negative credibility finding based on a lack of corroboration in an affidavit regarding post-departure extortion attempts.
The Federal Court granted the application, holding that the RAD erred by confusing insufficiency of evidence with a lack of credibility due to partial corroboration.
Furthermore, the RAD's IFA analysis was internally incoherent because it failed to address the risk of persecution from other political factions in Dhaka, a risk the RAD itself had identified.
The matter was remitted for redetermination.
