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The Federal Court dismissed judicial review of an RPD credibility decision in a refugee claim based on sexual orientation, finding the panel’s concerns and treatment of corroborative evidence were reasonable.
Federal Court dismissed judicial review of an immigration refusal, holding the officer reasonably assessed credibility, truthfulness concerns, and the applicant’s response.
The Crown failed to prove beyond a reasonable doubt that the Accused posted the intimate images to FetLife because there was no forensic or account evidence linking the Accused to the FetLife account, the photographic exhibits were blurred and non‑identifying, and the complainant's testimony contained material inconsistencies and indications of possible motive to fabricate; those deficiencies left reasonable doubt as to identity and publication by the Accused and required acquittal.
Source excerpt
Although the appellant's grounds surpass the 'not frivolous' threshold and warrant consideration of reviewability, enforceability outweighs reviewability because the offence was very serious, the sentence was substantial (4.5 years), there are residual safety concerns from the appellant's history of violence against intimate female partners, and the proposed interprovincial release plan with an out-of‑province surety did not provide sufficient confidence in enforceability and supervision; accordingly, a reasonable member of the public would lose confidence if the appellant were released and t…
Source excerpt
The Federal Court dismissed judicial review of a Refugee Appeal Division decision, finding the adverse credibility findings, use of corroboration, and procedural fairness analysis reasonable.
La Cour fédérale rejette le contrôle judiciaire d’une décision de la SAR confirmant le refus d’asile, jugeant raisonnables les conclusions défavorables à la crédibilité du demandeur.
The convictions were set aside because the trial judge, in assessing credibility integral to conviction, relied in part on the appellant's character and discreditable conduct revealed in group chat messages in a manner that constituted prejudicial propensity reasoning; however the dismissal of the s.11(b) application was upheld because the complainant's illness constituted a discrete exceptional circumstance that mitigated the delay and the appellant's late filing weighed against a stay.
Source excerpt
Although the judge found the complainant probably truthful and the accused not fully credible, a material inconsistency in the complainant's prior police statement about the mechanics of the touching ('put his hands down my pants') compared with her trial account, combined with plausible exculpatory testimony from the accused, produced a reasonable doubt; therefore the Crown failed to prove guilt beyond a reasonable doubt and the accused was acquitted.
Source excerpt
La Cour fédérale rejette le contrôle judiciaire d’une décision de la SAR, jugeant raisonnables les conclusions de crédibilité et l’absence de risque objectif établi au retour.
The Federal Court dismissed judicial review of a PRRA refusal, holding the officer’s internal flight alternative analysis was reasonable and determinative.
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