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Decisions matching the current search
Federal Court granted judicial review of a refugee/permanent residence refusal, finding the decision relied on uncited evidence, misapplied the refugee test, and ignored a central allegation.
The Federal Court dismissed judicial review of a RAD decision and upheld the finding that the applicant had a viable internal flight alternative in Delhi or Lucknow.
Federal Court dismissed a judicial review of an RPD refugee decision, finding the applicant had not shown a reviewable error or forward-facing risk under ss. 96 and 97 IRPA.
The Federal Court allowed judicial review, finding the RPD unreasonably relied on missing corroboration from family members without a reasonable basis to expect it.
The Federal Court dismissed judicial review of a RAD refugee decision, holding the credibility-based findings and treatment of documents were reasonable.
The appeals are dismissed because the appellants' evidence is globally not believable: passport records established the appellant was in Europe when key alleged events occurred and multiple central supporting documents were false or fraudulent, leaving no credible basis to find a risk of persecution or need for protection.
Source excerpt
The Federal Court dismissed judicial review of a RAD decision upholding refusal of refugee claims, finding a viable internal flight alternative in India.
Applying the Zeng framework the RAD found MY and SE had previously held Panamanian permanent residency that could likely be reacquired; balancing factors (neutral reason for loss, ability to return/reacquire status, minimal country risks in Panama and Portugal, and Canada’s obligations) weigh in favour of exclusion under Article 1E/s.98 IRPA; NL failed to prove a serious possibility of persecution or a likely risk of harm in Panama or Portugal, therefore all appeals are dismissed.
Source excerpt
The Federal Court dismissed judicial review of a RAD decision, holding the credibility findings and rejection of the applicant’s refugee claim were reasonable.
The Federal Court dismissed judicial review of a RAD decision, holding that Abuja was a viable internal flight alternative and that the applicant had not shown ongoing risk.
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