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Recordings of Radio Interviews [31]   The RAD reviewed both the RPD’s findings and the Applicant’s explanations for why she did not obtain recordings of her radio interviews: that she feared spies could be in the radio station and that she did not want anyone to know that she came to Canada in case the Maoists found out. [32]   The RAD considered the Applicant’s submission that the RPD finding that her explanation was speculative and inadequate was a plausibility finding about the rationality of her subjective fear, and as such the psychiatric report had to be taken into consideration. ...

The last two cessation clauses, (5) and (6), are based on the consideration that international protection is no longer justified on account of changes in the country where persecution was feared, because the reasons for a person becoming a refugee have ceased to exist. … B. ...

The officer explained that the fruits of that review were preferred over the information filed by the applicant, stating: After careful consideration, I prefer and assign greater probative value to the numerous documents reviewed while conducting my own independent research, because it is impartial, current, detailed and comes from a diverse range of sources which have no interest in the outcome of this application for protection, rather than to the opinion of the applicant, the arguments of his counsel or counsel’s documentary evidence. [37]   Even if the officer did not come right out and say it, it is certainly implied by the foregoing that the officer judged the applicant’s materials to be biased, outdated, lacking in detail and tainted by an interest in the outcome of the application.   ...

The Applicant and his family appealed the RPD’s decision to the RAD in April, 2018. [8]   The Applicant and his family submitted new evidence for the RAD’s consideration, namely, threatening text messages from an unknown number and text messages from the Ex-Boyfriend to the mother. ...

Consideration of Ms. Ajaj’s Testimony [52]   The Applicant submits that the RAD did not consider the testimony of the Applicant’s wife.   ...

And, that such a consequence would be disproportionate to the error in his work permit application. [39]   I note that while family separation and the innocence of the misrepresentation may provide the basis of any potential humanitarian and compassionate application for permanent residence that the Applicant may make in the future, the Applicant does not submit and it is not apparent to me that humanitarian and compassionate considerations and relief were intended to be placed before the Officer and addressed as such, or that the Officer did so. ...

Rather, it means that a decision that departs from longstanding practices or established internal decisions will be reasonable if that departure is justified, thereby reducing the risk of arbitrariness, which would undermine public confidence in administrative decision makers and in the justice system as a whole. [40]   I am therefore of the view that the decisions of the CBSA were not reasonable in light of this important contextual consideration in the present case. ...

As noted, the appellant’s argument that the judge erred in his consideration of subsection 231.2(3) is inconsistent with the provision’s legislative history. [23]     When Parliament first enacted section 231.2, it required the Minister to meet several statutory preconditions in order to access the provision’s power. ...

With this co-operation the plaintiff was given every consideration and a wide range insofar as the Rules were concerned so that his case might be pursued and at the same time understood. ...

Je ne peux pas simplement présumer que les nouvelles preuves n’auraient pas changé la donne devant la SAR, et usurper l’autorité décisionnelle que le législateur a confié au décideur administratif sur la question. [35]     En refusant les nouvelles preuves de Mme Dugarte de Lopez comme elle l’a fait dans la Décision, la SAR a en fait privé Mme Dugarte de Lopez d’un volet du processus d’appel auquel elle avait droit et, dans ces circonstances, la réparation qui s’impose est de lui restaurer cette opportunité en retournant l’affaire devant la SAR pour une nouvelle considération. ...