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Judicial review allowed; RAD erred by failing to consider whether to hold a hearing after admitting new evidence.
The applicants sought judicial review of a Refugee Appeal Division (RAD) decision rejecting their refugee claim.
The RAD had admitted new evidence (an affidavit from the principal applicant) under subsection 110(4) of the Immigration and Refugee Protection Act but did not analyze whether an oral hearing was required under subsection 110(6).
The Federal Court found this omission to be a determinative error, rendering the decision unreasonable.
The application for judicial review was allowed.
