Case Law
Federal Court Rules RAD Unreasonably Rejected New Evidence in Refugee Appeal

Federal Court Rules RAD Unreasonably Rejected New Evidence in Refugee Appeal

Application for Judicial review granted
Citation
2026 FC 708
Decided
Court file
IMM-24570-24
Full judgment
Read the decision

Case Law Overview

Irhivboje v. Canada (Citizenship and Immigration), 2026 FC 708

An asylum seeker from Nigeria had his refugee claim refused based on credibility issues. He appealed to the Refugee Appeal Division (RAD) with new evidence, including a video and a bail document concerning his wife's arrest, but the RAD refused to admit the evidence and dismissed the appeal.

Court Ruling

The Federal Court granted the judicial review, finding the RAD's decision to reject the key pieces of new evidence was unreasonable. The Court ruled that the evidence should have been considered together and, given the credibility issues it raised, the RAD erred by not holding an oral hearing to assess it.

Key Quote from the Court

When these three pieces of evidence (Mr. Irhivboje’s sworn statement, the “application for bail” document and the video) are considered together rather than in isolation, the RAD’s decision is unreasonable. (at para 42)

Expert Takeaways

  • Holistic Evidence Assessment is Mandatory Decision-makers like the RAD cannot assess new evidence in isolation. Documents, videos, and sworn affidavits must be considered together to understand the full context and potential relevance to a claim.
  • An Oral Hearing May Be Necessary for New Evidence When new evidence is submitted that raises serious credibility issues central to the claim, the RAD cannot simply dismiss it due to imperfections. It may have an obligation to convene an oral hearing to properly test the evidence's credibility.
  • Focus on What Evidence Says, Not What It Lacks This ruling reiterates a key principle
  • Distinguish Between Relevance and Credibility The RAD conflated the tests for relevance and credibility. Evidence is relevant if it is capable of proving a fact central to the claim. Its credibility (or believability) is a separate issue that must be assessed distinctly, often through a hearing.

There is a deadline on this

15 days
if the decision was made inside Canada
60 days
if the decision was made outside Canada

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.

Ali Dadkhah

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)

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