The applicants sought judicial review of a Refugee Appeal Division (RAD) decision dismissing their appeal from a Refugee Protection Division (RPD) decision rejecting their refugee claim.
The RPD found they were excluded under article 1E of the Convention due to their status in South Africa.
Before the RAD, the applicants submitted new evidence under s. 110(4) of the IRPA.
The RAD admitted the evidence but assigned it no weight.
The Federal Court allowed the application, finding an internal inconsistency in admitting new evidence based on its materiality (potential to affect the result) but then giving it no weight.
