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Judicial review of a PRRA denial is allowed due to unreasonable assessment of risk evidence.
The applicant, a citizen of Eritrea, sought judicial review of a decision denying his pre-removal risk assessment (PRRA) application.
He fled Eritrea after performing mandatory national service and participating in protests, fearing persecution upon return.
The PRRA officer denied the application, finding insufficient evidence of risk and concluding that the lack of harm to his family in Eritrea diminished his objective and subjective fear.
The Court found the officer's decision unreasonable because the officer failed to consider contradictory evidence regarding the persecution of family members of deserters and failed to conduct a forward-looking assessment of the applicant's personal circumstances.
The application for judicial review was allowed.
