Second Application for Judicial Review against the Canadian Minister of Foreign Affairs

Proceedings at the Federal Court

The basis of the claim was that the new evidence now satisfied the narrowed assessment of “reasonable risk” accepted by the Court in the previous judicial review proceedings.

The respondent Minister attempted to strike the application down, arguing that the claim had no chance of success as it was reopening the previous challenge, which at the time was still pending before the Court of Appeal.

The Minister’s argument was not accepted by the Federal Court, who concluded that that the new facts and evidence brought by the claimant introduced a “new cause of action” in light of which the reasonableness of the Minister’s decision should be reconsidered.

Claim Discontinued 

Despite this, the claimant discontinued the specific application due to a procedural limitation on the introduction of new facts in an existing claim and following the Supreme Court’s dismissal of the application for leave to appeal in the claimant’s first challenge.