Duarte Berganza v. Canada (Citizenship and Immigration)

canada, canadian, case law, court opinion, canlii, fct, 2026fc1176, 2026 fc 1176 (canlii), 2026, fc, 1176, (canlii), imm-8013-25, 2026, administrative law, judicial review, reasonableness, vavilov framework, whether the rad decision bears justification, transparency, and intelligibility, assessment of the rad’s treatment of the evidence, reviewable error in reasons and findings, decision set aside and matter referred back for redetermination by a different decision, maker, application for judicial review granted, citizenship and immigration, refugee protection, credibility, new credibility finding based on cousin’s accepted refugee claim, whether the rad misread the cousin’s positive rpd decision about public denunciations, discrepancy between 2015 and 2019 denunciations wrongly found, adverse credibility inference unreasonable, application for judicial review granted, citizenship and immigration, refugee protection, new evidence on appeal, corroboration, whether the rad failed to engage with the cousin’s positive rpd decision as new evidence, findings on threats and abduction, beating, and sexual assault referenced, inadequate reasons on why it did not overcome credibility concerns, decision unreasonable, matter referred back for redetermination by a different decision, maker