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The Federal Court dismissed judicial review of a RAD decision, finding the applicant failed to prove identity and that no procedural unfairness arose from refusing new evidence or an oral hearing.
Section 10 of the Citizenship Act, properly construed, requires the Minister to consider written representations about personal circumstances in every case in which they are made and does not violate paragraph 2(e) of the Canadian Bill of Rights; the revocation process does not engage section 7 because the necessary causal connection to life, liberty or security of the person was not established, and the Minister's decision to revoke was reasonable on the record.
Source excerpt
The Minister's redacted BOCs were admissible; the respondent's BOC contained striking, unexplained similarities to two other BOCs together with material inconsistencies, omissions and weak corroboration; those factors rebut the presumption of truth and undermine credibility, so the RPD's grant of refugee status was incorrect and is set aside with a substituted decision that the respondent is not a Convention refugee or person in need of protection.
Source excerpt
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
Accepted post‑RPD social media posts demonstrated ongoing pro‑Khalistan activity by the appellant; country and documentary evidence show Indian authorities monitor and pursue pro‑Khalistan supporters nationwide including via social media; appellant therefore cannot safely and reasonably relocate to the proposed IFAs and faces a serious possibility of persecution; appeal allowed and appellant found to be a Convention refugee.
Source excerpt
The Federal Court dismissed judicial review of a PRRA refusal, finding no breach of fairness and no unreasonable assessment of evidence.
The Federal Court dismissed judicial review of a PRRA refusal, finding no veiled credibility issue, no right to an oral hearing, and no basis to admit new evidence.
The Federal Court dismissed judicial review of a PRRA refusal, holding the officer reasonably assessed new sexual-orientation evidence and was not required to hold an oral hearing.
The Appellants failed to rebut the presumption of state protection in Chile because country condition evidence does not demonstrate government immunity to CAM or Mapuche leaders, their personal encounters with police represent local or explainable responses rather than systemic failure, they did not take all reasonable steps to obtain evidence or seek higher state remedies, and the newly admitted evidence of an assault on the father, while credible, was not central or sufficient to overturn the presumption; therefore the RPD decision denying refugee protection is correct.
Source excerpt
Judicial review of a RAD decision was dismissed. The Court held the RAD reasonably refused an oral hearing and reasonably assessed new evidence and counsel-incompetence allegations.
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