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Judicial review of refusal to reopen Danger Opinion allowed due to unreasonable assessment of new evidence.
The applicant sought judicial review of a decision refusing his second request to reopen a Danger Opinion.
The decision-maker had rejected new evidence regarding his release from immigration detention, rehabilitation efforts, and a diagnosis of depressive disorder as not materially relevant.
The Federal Court found the decision unreasonable because the decision-maker failed to provide transparent and intelligible reasons for rejecting the new evidence, particularly given findings in the original decision.
The application for judicial review was allowed, and the matter was referred back for redetermination.
