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Judicial review granted; RAD unreasonably relied on microscopic differences to find foreign subpoena fraudulent.
The applicants, a mother and her minor children from China, sought judicial review of a Refugee Appeal Division (RAD) decision rejecting their refugee claim.
The RAD found their claim not credible, concluding that a subpoena from Chinese authorities was fraudulent and discounting other evidence.
The Federal Court found the RAD's authenticity analysis of the subpoena unreasonable because it relied on minor formatting discrepancies between the tendered subpoena and a sample document, rather than substantive content.
The application for judicial review was allowed and the matter remitted for redetermination.
