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Judicial review granted; RAD unreasonably failed to conduct an individualized inquiry and address RPD credibility findings.
The Minister of Citizenship and Immigration applied for judicial review of a decision by the Refugee Appeal Division (RAD) that granted refugee protection to a mother and her two children from Colombia under s. 97 of the IRPA.
The Refugee Protection Division (RPD) had previously rejected the claims primarily due to negative credibility findings.
On appeal, the RAD accepted new country condition evidence regarding child recruitment by armed groups and granted protection without addressing the RPD's credibility findings or conducting an individualized inquiry into the respondents' specific circumstances.
The Federal Court held that the RAD's decision was unreasonable because it lacked transparency and justification.
The RAD failed to explain how the general risk of child recruitment translated into a personalized risk for the respondents without assessing their specific situation or the credibility of the mother's evidence.
The application for judicial review was granted and the matter remitted for redetermination.
