The applicants sought judicial review of a Refugee Appeal Division (RAD) decision dismissing their appeal.
The applicants, a family from Colombia, claimed refugee protection based on threats from the ELN.
The mother also alleged she was kidnapped and sexually assaulted as retaliation for the father's refusal to cooperate with the ELN.
The RAD dismissed the appeal, finding widespread risk of sexual violence does not constitute persecution and discounting the mother's testimony due to the father's lack of credibility.
The Federal Court allowed the application for judicial review, finding the RAD unreasonably dismissed the possibility that pervasive sexual violence can constitute gender-based persecution and failed to make clear credibility findings regarding the mother's testimony.
