CITIZENSHIP AND IMMIGRATION
Exclusion and Removal
Removal of Refugees
Judicial review of negative pre-removal risk assessment (PRRA)—Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 113 providing only new evidence may be considered in application for protection—Immigration and Refugee Protection Regulations, SOR/2002-227, s. 161(2) requiring applicant to explain why evidence submitted qualifying as new evidence—PRRA officer erred in not considering applicant’s explanations—Inappropriate to apply extremely strict interpretation of s. 113(a) given serious ramifications of negative decision—Officer’s credibility findings patently unreasonable—Application allowed.
Komahe v. Canada (Minister of Citizenship and Immigration) (IMM-7565-05, 2006 FC 1521, Beaudry J., judgment dated 19/12/06, 18 pp.)