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Judicial review of RAD decision denying refugee protection to Israeli BDS activist dismissed.
The applicant, an Israeli-born activist involved in the BDS movement, sought judicial review of a decision by the Refugee Appeal Division (RAD) upholding the denial of his refugee protection claim.
He argued that the RAD erred in its assessment of new evidence, failed to hold a hearing, and incorrectly found that state protection was available in Israel.
The Federal Court dismissed the application for judicial review, finding the RAD's decision reasonable in all respects, including its determination that the applicant failed to rebut the presumption of state protection in a democratic country.
Judicial review granted where PRRA officer mistakenly believed a radius fracture was a leg injury.
The applicant sought judicial review of a Pre-Removal Risk Assessment decision that denied her claim.
The PRRA officer gave little weight to a hospital discharge certificate detailing her husband's injuries, mistakenly believing a radius fracture to be a leg injury inconsistent with assault.
The Federal Court held this misapprehension of the evidence was unreasonable and material to the outcome.
The application for judicial review was granted and the matter returned for reconsideration of the medical evidence.
