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The Federal Court dismissed judicial review of a cessation decision, holding the RPD reasonably found the respondent rebutted the presumption of reavailment despite gaps in its reasons.
Federal Court found the RAD’s adverse credibility finding unreasonable because it relied on minor inconsistencies, peripheral omissions, and weak implausibility findings.
Federal Court dismissed judicial review of a Refugee Appeal Division decision, upholding adverse credibility findings and concluding the applicants’ returns to Pakistan undermined subjective fear.
The appeal is dismissed because, on independent assessment, the appellant failed to establish the objective component of a well-founded fear on a Convention ground or, on the balance of probabilities, a risk of torture, death or cruel and unusual treatment; the mother's established risk does not automatically extend to her minor son and the admitted new affidavits are not determinative.
Source excerpt
Judicial review of a RAD decision dismissing a refugee claim was dismissed. The Court found the RAD reasonably relied on the applicant’s denial of risk and the country evidence.
Appellant is excluded under Article 1E because she is a permanent resident of South Africa who enjoyed the same fundamental rights as nationals (work, study, indefinite residence, access to healthcare), she failed to demonstrate subjective fear given multiple international travels without seeking asylum, and the violent incidents were generalized criminality not personalized persecution; therefore the RPD decision excluding her from Convention protection was correct.
Source excerpt
The Federal Court dismissed judicial review of a cessation decision, finding the RPD reasonably held that the respondent rebutted the presumption of re-availment.
The Federal Court dismissed judicial review of a RAD refugee decision, upholding refusal of new evidence and finding a safe, reasonable IFA in Abuja.
Claimant was found credible on identity and fear, provided corroborative documentary and testimonial evidence, and established objective country conditions showing patterns of violence against LGBTQ persons; state protection was rebutted and no safe internal flight alternative existed, therefore the claimant has a well-founded fear of persecution on account of sexual orientation and is a Convention refugee under s.96 IRPA.
Source excerpt
The Federal Court dismissed judicial review of a refugee appeal decision, finding the RAD reasonably concluded the applicant faced no serious possibility of persecution in Egypt.
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