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The Federal Court dismissed a judicial review of a RAD refugee decision, finding the FIR and related documents not genuine, and no procedural fairness breach.
The Federal Court dismissed judicial review of a permanent residence refusal, finding no procedural unfairness in the Pashto interpretation or the refusal to accept updated forms.
The Federal Court dismissed judicial review of a refused refugee resettlement application, finding no procedural unfairness and no unreasonable assessment of risk.
Appeal dismissed because the RPD permissibly rejected the appellant's account after finding she lived and worked near the alleged perpetrator for years without being targeted, undermining any current subjective fear; the appellant failed to show the objective risk of gender-based persecution applied to her personally and failure to apply for asylum in the United States further weakened credibility; any alleged procedural or interpreter deficiencies were not shown to have affected the outcome.
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The RAD confirmed the RPD's adverse credibility finding and dismissed the appeal because the appellant made significant, unexplained omissions in his written account (notably failure to mention threats and an ongoing same‑sex relationship), failed to provide or reasonably seek available corroborative evidence or witness statements despite opportunities, and did not demonstrate that interpreter issues were material to the RPD's decision; therefore the appellant did not prove on a balance of probabilities that he is homosexual, perceived as such, or faces a serious possibility of persecution.
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The RAD found the proposed new evidence admissible under s.110(4) and Singh/Raza but concluded the interpreter's performance was adequate on the audio, the RPD's credibility findings were supportable, the Appellant failed to establish on the balance of probabilities that he is a member of the LGBTQ+ community, and any errors by the RPD were not fatal; accordingly the RPD decision is confirmed and the appeal dismissed pursuant to s.111(1)(a) IRPA.
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The Federal Court dismissed judicial review of an IAD decision refusing spousal sponsorship, finding no procedural unfairness and no reviewable error in the genuineness finding.
The RAD confirmed the RPD decision because the appellant failed to prove interpreter inadequacy or counsel negligence, failed to establish that her clan was a weak minority, and exhibited multiple inconsistencies undermining credibility; on the record there is no serious possibility of persecution under section 96 IRPA nor need for protection under section 97 IRPA, so the appeal is dismissed under section 111(1)(a).
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The Federal Court dismissed judicial review of a refused spousal sponsorship, upholding adverse credibility findings, rejecting an interpretation complaint, and finding IP 5.27 inapplicable.
RAD confirmed the RPD's decision because (1) interpretation at the RPD hearing met the adequacy standard and there was no procedural unfairness from the appellant being self‑represented, and (2) the RPD's finding that Nouakchott was a reasonable IFA satisfied both prongs of the IFA test and was within a range of reasonable outcomes; therefore the appellant failed to meet the burden to rebut the IFA and the appeal is dismissed.
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