Lozano Orjuela v. Canada (Citizenship and Immigration), 2024 FC 450

JUDGMENT

[1] The hearing in this matter was held on March 20, 2024. The Applicant did not attend, despite efforts by the Registry to contact him both by email and telephone. The Applicant’s counsel was also previously granted an Order to be removed from the file, because of his inability to communicate with his client.

[2] At the hearing, the Respondent indicated their consent to judgment in the terms requested in the submissions of the Applicant’s former counsel, on the basis that the decision-maker failed to observe a principal of natural justice, procedural fairness or other procedure that it was required by law to observe.

[3] I find that the decision of the Refugee Appeal Division is unreasonable because its conclusion that the Applicant had a viable Internal Flight Alternative (“IFA”) was reached based on faulty credibility findings, and apparently without consideration of the entirety of the factual record regarding the presence of the agents of persecution in the IFA location.

[4] Considering the consent of the Respondent, and the absence of any submissions by the Applicant, the Court finds that it is in the interests of justice to grant the Judgment.

JUDGMENT in IMM-2022-22

THEREFORE, THIS COURT ORDERS that:

1. The application for judicial review is granted.

2. The decision of the Refugee Appeal Division dated February 8, 2022, is quashed and set aside.

3. The matter is remitted back to the Refugee Appeal Division for reconsideration by a different panel.

4. There is no question of general importance for certification.

FEDERAL COURT

SOLICITORS OF RECORD

APPEARANCES:

SOLICITORS OF RECORD: