Wednesday, October 20, 2010

The Court set aside a PRRA decision holding the officer failed to properly assess the new evidence:
[7] In my view, the determinative issue in this case is whether the PRRA Officer had regard to the evidence put forward by the Applicant. The Applicant specifically references a change in his personal circumstance in Lebanon by adducing “new” evidence by way of a letter from his brother. However, as noted above, the Officer dismisses the brother’s letter in one sentence. There is no express finding by the PRRA Officer that the letter is not new evidence; nor is there an analysis of whether this letter should be admitted as “new evidence” under s. 113(a) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA). With respect to the letter, the Officer does not consider its credibility, relevance, newness, materiality, or express statutory conditions. These factors were set out by the Federal Court of Appeal in Raza v. Canada, 2007 FCA 385, at paragraph 13, as a basis for assessing whether evidence can be omitted as “new” pursuant to s.113(a) of the IRPA.

2010 FC 1023