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Tesfay v. Canada (Citizenship and Immigration)

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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administrative-lawcanadacanadiancase-lawcostscredibilityjudicial-reviewprocedure
canada, canadian, case law, court opinion, canlii, fct, 2026fc1153, 2026 fc 1153 (canlii), 2026, fc, 1153, (canlii), imm-1305-25, 2026, administrative law, judicial review, reasonableness, adverse credibility finding based on inconsistency, whether officer’s decision lacked transparency, intelligibility and justification, vavilov framework applied to credibility assessment, peripheral details treated as determinative, decision set aside and matter remitted for redetermination by a different officer, administrative law, reasons and analysis, credibility, mischaracterisation of inconsistency, whether inconsistency went to the core of the refugee claim, failure to analyse mandatory, indefinite military conscription, imprisonment and threats, peripheral issue used to dismiss claim without further analysis, unreasonable decision found, application for judicial review granted, procedure, costs, federal courts citizenship, immigration and refugee protection rules, rule 22, “special reasons”, whether costs warranted for omission of interview notes in rule 9 response, rule 9 production obligations considered with mohamed and teklemichael, no basis for costs established, no award of costs, citizenship and immigration, convention refugee abroad class and humanitarian, protected persons abroad designated class, immigration and refugee protection regulations, ss. 145, 147, whether rule 9 required production of officer’s interview notes at leave stage, gcms notes treated as written reasons, interview notes not required, application remitted for redetermination by a different officer
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