Norris

The Minister applied for judicial review of a RAD decision setting aside the RPD's rejection of a refugee claim based on identity, and substituting a determination that the respondents were Convention refugees sur place.

The Federal Court held that the RAD's identity findings were reasonable and that it had jurisdiction to determine the sur place claim.

However, the Court granted the application for judicial review because the RAD breached procedural fairness by deciding the appeal on the new sur place ground without giving the Minister notice and an opportunity to be heard, even though the Minister had not intervened in the RAD appeal.

The applicant applied for judicial review of a CBSA Recourse Directorate decision upholding the cancellation of his NEXUS membership.

The applicant had been stopped at an airport and found with over $10,000 in currency, which he failed to declare due to an honest mistake regarding foreign currency left in an envelope from a previous trip.

His funds were seized, a $250 penalty applied, and his NEXUS membership cancelled on the basis that he had contravened the PCMLTFA and was therefore no longer of 'good character'.

The Federal Court found the decision unreasonable because the decision maker treated the mere contravention of the Act as sufficient to establish a lack of good character without explaining why the contravention—accepted as an honest, isolated mistake—undermined confidence in the applicant's future compliance.

The application was allowed and the matter remitted for reconsideration.