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The Federal Court found the RAD unreasonably assessed Nigerian identity documents by failing to apply the presumption of validity, and it set the decision aside.
The RPD erred by rejecting the Appellant's plausible explanations for passports with a younger date of birth and by giving undue weight to perceived inconsistencies; objective evidence of endemic age‑fraud in football and the Appellant's corroborating documents and credible testimony establish his true identity and his membership in the SOGIESC community. Given the illegality of homosexuality in Nigeria, documented risks and lack of state protection or internal flight alternative, the Appellant is a Convention refugee and the appeal is allowed with a substituted decision granting refugee prot…
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The Federal Court dismissed judicial review of a refugee decision, finding the RAD’s adverse credibility and identity findings reasonable and refusing to admit new evidence.
La Cour fédérale accueille le contrôle judiciaire d’un refus de carte de résident permanent, jugeant la décision d’IRCC déraisonnable faute de motifs sur l’article 178(1)b) du RIPR.
The Federal Court found the RPD’s refusal of refugee protection unreasonable because it speculated about the applicant’s identity documents and let those findings taint credibility.
Judicial review of a Refugee Protection Division decision was allowed because the RPD failed to address key explanations and erred in its subjective fear analysis.
Judicial review of a Refugee Appeal Division decision was dismissed after the Court found the applicant had not shown the decision on credibility, identity, and new evidence was unreasonable.
Although the appeal accepted new evidence that raised serious credibility questions, the decision-maker found the respondents credible on balance: the tribunal accepted that fraudulent Gambian passports and documents can be obtained, accepted respondents' affidavits and certain documentary rebuttals, drew negative inferences for unexplained omissions about 2017 travel but concluded those omissions did not rebut the presumption of truth of their sworn evidence; accordingly the RPD decision that the respondents are Convention refugees was confirmed.
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The Federal Court dismissed an application for judicial review of a RAD decision, holding the refusal of new evidence and an oral hearing was reasonable.
The Court held that the RAD's decision was reasonable: the newly produced NIC could not be admitted on judicial review because it goes to the merits and does not fall within a procedural-fairness exception; the RAD reasonably found the totality of the identity evidence insufficient and that the applicant failed to make reasonable efforts to obtain or authenticate key identity documents.
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