Federal Court Upholds Strict Rules for New Evidence in Refugee Appeals
- Citation
- 2025 FC 1912
- Decided
- Court file
- IMM-22369-24
- Full judgment
- Read the decision
Case Law Overview
Garway v. Canada (Citizenship and Immigration), 2025 FC 1912
The applicant, a Liberian refugee claimant, had his claim denied based on a viable Internal Flight Alternative (IFA). His appeal to the Refugee Appeal Division (RAD) was dismissed because the new evidence he submitted to challenge the IFA finding did not meet the strict statutory requirements for admissibility.
Court Ruling
The Federal Court dismissed the judicial review application, affirming that the RAD is strictly bound by the rules in subsection 110(4) of the IRPA for admitting new evidence. The Court confirmed the RAD has no independent obligation to consider publicly available country information that is not properly submitted and deemed admissible under the law.
Key Quote from the Court
There is no suggestion that country-related information is not “evidence” as the term is used at subsection 110(4) of the IRPA. This being the case, there is simply no escaping the explicit statutory language of that provision, which limits the admissibility of new evidence before the RAD to material that meets the conditions set out therein.
Expert Takeaways
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Strict Admissibility Rules at the RAD Appellants must meet the strict criteria of IRPA s. 110(4) to introduce new evidence. You cannot simply submit evidence that was available but overlooked during the initial hearing; it must be new or not reasonably available at the time.
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The Burden of Proof is on the Claimant This case reinforces that the onus is on the claimant to build their case at the first instance (RPD). You cannot expect the RAD to conduct its own research or accept evidence that should have been presented earlier.
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Country Condition Evidence is Not Exempt The Federal Court clarified that general country condition information is treated as 'evidence' and is subject to the same admissibility rules as any other new evidence submitted at the RAD. There is no special exception.
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Prepare Thoroughly for the RPD Hearing The key takeaway is to be exhaustive in your preparation for the RPD hearing. Once an issue like an Internal Flight Alternative (IFA) is raised, you must present all relevant evidence to challenge it, as your opportunity to do so on appeal is extremely limited.
There is a deadline on this
That is the window to file an Application for Leave and for Judicial Review at the Federal Court, counted from the day you were notified of the decision. An extension can be requested, but it is granted at the Court's discretion - it is not automatic.
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Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.
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Questions people ask after reading a case like this
Does this mean my own case will succeed?
No. Every application is decided on its own record. A reported decision shows how the Federal Court has reasoned about a particular kind of error - it does not predict the result of a different file. What it can tell you is whether the problem in your refusal is the kind of problem the Court has been willing to intervene on.
How long do I have to challenge a refusal?
Under the Immigration and Refugee Protection Act you generally have 15 days to file an Application for Leave and for Judicial Review if the decision was made inside Canada, and 60 days if it was made outside Canada, counted from when you were notified. The Court can extend that period, but an extension is discretionary - it is not automatic.
What actually happens at the Federal Court?
Judicial review has two stages. You file the application and a written record, and a judge decides on paper whether to grant leave - permission for the case to proceed. If leave is granted, there is a hearing. The Court does not re-decide your immigration application; it decides whether the officer's decision was reasonable and procedurally fair. If you succeed, the file is normally sent back to be decided again by a different officer.
Do I have to be in Canada to bring an application?
No. Applicants outside Canada regularly bring judicial review applications, which is why the longer 60-day deadline exists for decisions made abroad. Applicants are not normally required to attend in person.
What happens in the free 15-minute review?
You explain what was refused or delayed and when you were notified. We tell you whether your filing window is still open, which issues in the decision look arguable, and what the realistic options are - including reapplying instead of litigating, where that is the better route. There is no obligation to retain us afterwards.
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Federal Court: Inconsistent Testimony Fatal to Refugee Credibility
Written by
Ali Dadkhah
Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)