Canada (Public Safety and Emergency Preparedness) v. Bentaher

canada, canadian, case law, court opinion, canlii, fct, 2026fc1174, 2026 fc 1174 (canlii), 2026, fc, 1174, (canlii), imm-4107-25, 2026, administrative law, judicial review, reasonableness, immigration and refugee protection act, s. 98, refugee convention, article 1f(a), whether it was reasonable to find no serious reasons for considering complicity in crimes against humanity, vavilov hallmarks of justification, transparency and intelligibility applied, decision set aside and remitted for redetermination, administrative law, reasons, internal coherence, conflicting findings, whether arrests at sea were part of the widespread attack despite detention centres controlled by the moi, incompatibility between accomplice findings and conclusion that navy conduct was not part of attack, unintelligible and incoherent analysis, application for judicial review granted, administrative law, legal framework, complicity test, ezokola v canada (citizenship and immigration), 2013 scc 40, whether control or supervisory responsibility over direct perpetrators is required for significant contribution, reliance on control and authority treated as limiting inquiry to direct participation, unreasonable approach to significant contribution, decision set aside, administrative law, reasonableness, responsive justification, whether the rad failed to assess indirect significant contribution required by ezokola, focus on duty to control subordinates ended the contribution analysis, failure to consider indirect contribution to crimes committed by moi and other authorities, unreasonable decision, matter remitted to differently constituted panel