Duarte Berganza v. Canada (Citizenship and Immigration)

Decided: 2026-09-18. Docket: IMM-8013-25. Citation: 2026 FC 1176 (CanLII). 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 — Appli