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Decisions matching the current search
Federal Court dismissed judicial review of a PRRA refusal, finding the officer reasonably treated fresh affidavits as not materially different from the record before the IRB.
The Federal Court dismissed judicial review of an SST Appeal Division leave refusal, holding the denial was reasonable and the fresh evidence irrelevant to res judicata.
The Federal Court allowed judicial review, finding the RAD unreasonably held that state protection was available in Spain despite the specific transnational threat to the applicants.
The Federal Court dismissed judicial review of a RAD decision refusing refugee protection, upholding the RAD’s new-evidence and credibility findings.
The Federal Court allowed Big Duck Games’ appeal from a section 45 expungement, found new evidence material and sufficient to show use of FLOW in Canada, and maintained the registration except for physical consoles.
The Federal Court dismissed judicial review of a RAD decision, upholding the refusal of new evidence and the finding that the applicant had not established identity.
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…
Source excerpt
Judicial review of a RAD refugee appeal was dismissed. The Court upheld credibility and state protection findings and found no procedural fairness breach.
The appeal is dismissed because the appellant failed to establish credibility, the proffered new evidence was not shown to arise after the RPD decision or to have been unavailable at the time, and remaining corroboration is insufficient on a balance of probabilities to establish that he is a Convention refugee or person in need of protection.
Source excerpt
The Federal Court dismissed judicial review, holding that the RAD reasonably applied Article 1E and did not breach fairness by refusing an oral hearing.
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