The applicant sought judicial review of a Refugee Appeal Division (RAD) decision confirming the rejection of her refugee claim.
The RPD had rejected her claim finding an internal flight alternative existed.
On appeal, the RAD refused to admit a new statement from her daughter regarding her uncle trying to find her, finding the applicant did not act promptly or explain the delay in filing it under subsection 110(4) of the IRPA.
The Federal Court allowed the judicial review, finding the RAD's reasons for refusing the evidence were based on a factual error regarding the timeline and lacked transparency and consistency.
