CIL assesses whether the proposed evidence satisfies this threshold before recommending a costly new submission.
What may count as a newly discovered fact?
A later acquittal, a newly available court order, recognition of protection status, or a fresh extradition ruling may be relevant. However, a later event is not automatically decisive, and repeating material already considered is not enough.
| Example | Key question |
|---|---|
| A court subsequently refuses extradition | Does the reasoning directly change the CCF's compliance assessment? |
| An arrest warrant is quashed | Does the development undermine the legal basis of the INTERPOL data? |
| Refugee status is newly recognised | Is the decision relevant to the country/source and the applicable policy? |
| Important exculpatory records emerge | Were they genuinely unavailable earlier and could they change the result? |
| A new lawyer rewrites the old arguments | This alone is not the discovery of a new fact |
Article 42 revision: four questions
- What exact fact is new? Describe it without argument or generalisations.
- When was it discovered? Record the date and how this can be evidenced.
- Was it available to the CCF in the original review? Distinguish the new fact from previously submitted material.
- Why could it have changed the decision? Identify the particular finding affected.
Evidence checklist
- The original CCF decision and any admissibility correspondence.
- The newly discovered document or reliable record of the fact.
- Proof of the date of discovery.
- Certified translations and a precise comparison with the original reasoning.
- Any applicable authorisation documents for the representative.
How we prepare a revision
We first produce a threshold assessment, then organise the new evidence and show why it matters to the original CCF determination. If a revision is not viable, we explain that rather than presenting it as a standard second appeal. For any continuing arrest or extradition risk, local counsel must consider parallel steps.
FAQ
Can I seek revision because I dislike the result?
No. Disagreement with the decision, without a qualifying new fact, is insufficient.
Is the six-month period counted from the decision date?
Article 42 focuses on the discovery of the new fact. Record that date accurately and obtain case-specific advice promptly.
Where is a revision application submitted?
Through the official CCF online portal under the currently applicable procedure, unless the CCF authorises alternative means in exceptional circumstances.
Sources: CCF FAQ, CCF submission page.