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Judicial review granted; officer breached procedural fairness and made unreasonable credibility findings regarding religious persecution.
The applicants sought judicial review of an immigration officer's decision refusing a sponsored application for a permanent resident visa.
The principal applicant, a recognized refugee in Ethiopia, alleged fear of persecution in Eritrea based on his faith and evasion of national service.
The reviewing court held the officer's credibility findings regarding the applicant's religious beliefs were unreasonable due to undue focus on theological minutiae.
Furthermore, the officer breached procedural fairness by relying on specialized knowledge about Ethiopian citizenship laws without giving the applicants an opportunity to respond.
The court also found the officer failed to adequately assess the applicant's recognized refugee status and fear of persecution for fleeing military service.
The application for judicial review was granted.
