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Judicial review allowed; RAD's finding that summons was fraudulent was unreasonable.
The applicant sought judicial review of a decision by the Refugee Appeal Division confirming the Refugee Protection Division's denial of his refugee claim.
The applicant, a citizen of China, claimed a fear of persecution based on his membership in the Church of Almighty God.
The RAD concluded that the applicant was not a genuine member of the church and found a summons allegedly issued by Chinese authorities to be fraudulent because the applicant was able to exit China on a genuine passport.
The Federal Court found the RAD's analysis of the summons unreasonable, noting that the RAD failed to independently assess its authenticity.
The application for judicial review was allowed and the matter returned for re-determination.
