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Judicial review granted; RAD decision unreasonable due to misapprehension of evidence regarding applicant's detentions.
The applicant sought judicial review of a Refugee Appeal Division (RAD) decision dismissing his appeal from a Refugee Protection Division ruling that he was not a Convention refugee.
The RAD based its dismissal on credibility issues regarding the applicant's account of detentions in Sri Lanka following his disclosure of information about a military officer's involvement in his uncle's kidnapping.
The Federal Court found the RAD misapprehended the evidence, particularly regarding a purported contradiction between the applicant's testimony and a letter from his Sri Lankan lawyer.
Concluding the decision lacked intelligibility and justification, the Court granted the application for judicial review and remitted the matter for redetermination by a different panel.
