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Canada (Public Safety and Emergency Preparedness) v. Bentaher

CanLII (Federation of Law Societies of Canada)
CanLII · Legal
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administrative-lawcanadacanadiancase-lawcourt-opinionjudicial-reviewlegal-frameworkreasons
Decided: 2026-09-17. Docket: IMM-4107-25. Citation: 2026 FC 1174 (CanLII). 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 ju
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