Selduz v MCI 2009 FCJ 471 refusal to accept evidence--failure to consider explanation why not provided at RPD

The Court set aside a decision where the PRRA officer refused to accept fresh evidence:17 If the PRRA officer found the applicant's explanation as to why the 1999 warrant was not provided to the Board inadequate, he did not say so. His statement that the applicant had offered no explanation as to why evidence pre-dating Board's decision was not provided suggests that he was not aware that the applicant had offered an explanation for this document. As I will discuss under the second issue, below, if the officer was aware that an explanation had been provided and found the explanation inadequate, his reasons should have reflected this finding, particularly in light of the probative nature of the document.