Nahayo v. Canada (Public Safety and Emergency Preparedness)

canada, canadian, case law, court opinion, canlii, fct, 2026fc1173, 2026 fc 1173 (canlii), 2026, fc, 1173, (canlii), imm-9865-24, 2026, administrative law, judicial review, remedy, whether iad decision must be set aside for failing to consider non, refoulement, matter remitted for reconsideration by same panel if available, opportunity for additional submissions, decision set aside for unreasonableness, application for judicial review granted, citizenship and immigration, inadmissibility, security grounds, irpa, para. 34(1)(f) membership, whether iad was required to consider non, refoulement under article 33 of the refugee convention at admissibility stage, mason v canada (citizenship and immigration), 2023 scc 21 considered, decision set aside, citizenship and immigration, inadmissibility, membership, whether “simple membership” in burundian army is sufficient for reasonable grounds under irpa, para. 34(1)(f) without assessing non, refoulement implications, canada (public safety and emergency preparedness) v wahab, 2026 fca 140 applied, reconsideration directed on redetermination, matter remitted for reconsideration