Temel v. Canada (Immigration, Refugees and Citizenship)

canada, canadian, case law, court opinion, canlii, fct, 2026fc1167, 2026 fc 1167 (canlii), 2026, fc, 1167, (canlii), imm-11284-25, 2026, administrative law, judicial review, reasonableness, reasons, first approach, whether the decision is transparent, intelligible and justified, mason v canada (citizenship and immigration), vavilov framework applied, court intervention for sufficiently serious shortcomings, judicial review granted, citizenship and immigration, refugee protection, subjective fear, whether the rad failed to address cumulative events forming subjective fear, alleged failure to consider the import of the raid and travel ban, failure to grapple with applicants’ argument found significant error, decision set aside and matter remitted, citizenship and immigration, refugee appeal division, reasonableness, whether the rad’s subjective fear rationale was illogical, no evidence on when authorities obtained documents, no evidence applicants knew before the raid, irrational chain of analysis on risk since july 2016, application granted, citizenship and immigration, remedies, remittal, whether the rad decision should be set aside for redetermination, determinative flaw in subjective fear analysis, decision unreasonable, matter remitted to a differently constituted panel, no question for certification, application for judicial review granted and remitted