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Justice Phelan Case Summary

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In my view, the decision made by the Justice Phelan to allow the judicial review and to quash the RAD decision was correct. The RAD did not conduct an appropriate independent assessment of the applicants’ original claim. The RAD used the standard of reasonableness instead of correctness. The RAD failed to review IRPA legislation for guidance in handling this appeal. As a result, it is no surprise that the RAD erred in reviewing the RPD’s decision. Justice Phelan is correct in his ruling because the RAD should not have showed deference to the RPD.

In my opinion, it seems as though the RAD were not interested in examining further the facts and issues of the appeal. It seems as though the RAD did not want to waste time in reviewing the all

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