4 total
Judicial review allowed due to unreasonable credibility findings and misapprehension of evidence by the RPD.
The applicant sought judicial review of a decision by the Refugee Protection Division rejecting her refugee claim and finding it had "no credible basis".
The RPD based its credibility findings on an inaccurate account of the evidence regarding the applicant's amended narrative and made negative inferences without reference to the evidence.
The Federal Court allowed the application, finding the credibility assessment unreasonable and lacking transparency and justification.
Judicial review of PRRA decision allowed as Officer failed to independently assess the evidence.
The applicant, a Tamil male from Sri Lanka, sought judicial review of a decision rejecting his Pre-Removal Risk Assessment (PRRA) application.
The Court found the decision unreasonable because the Officer essentially adopted the reasons of the Refugee Protection Division (RPD) without independently engaging with the evidence submitted for the PRRA.
The application for judicial review was allowed and the matter remitted for redetermination.
Judicial review granted; RPD unreasonably ignored evidence of risk to returning Tamil failed refugee claimants.
The applicant, a Tamil citizen of Sri Lanka, sought judicial review of a Refugee Protection Division decision denying his claim for refugee protection.
The determinative issue was his sur place claim as a Tamil failed refugee claimant returning to Sri Lanka.
The Court found the RPD's decision unreasonable because it failed to adequately address or explain its disregard for a substantial body of objective documentary evidence indicating that returning Tamil failed asylum seekers face a serious possibility of persecution, regardless of the credibility of their original claims.
The application for judicial review was granted and the matter remitted for reconsideration.
Judicial review allowed due to procedural fairness breach from an incomplete Certified Tribunal Record.
The applicant sought judicial review of a decision refusing to defer his removal from Canada.
The Court found a breach of procedural fairness because an update submitted by fax prior to the decision was not included in the Certified Tribunal Record and was not considered by the officer.
The application was allowed and the matter remitted for redetermination.
