VB9-04551

VB9-04551

Because the April 30, 2019 audio recording of the RPD hearing is unavailable and the RAD cannot fully assess credibility and the oral evidence without it, rendering a decision on appeal would breach procedural fairness; accordingly the appeal must be allowed and the matter referred to the RPD for re‑determination by a differently constituted panel under s.111(1)(c) IRPA.

Citation
VB9-04551
Parties
Principal Appellant: XXXX XXXX; Second Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 December 2019
Procedural Posture
Refugee Appeal to the Refugee Appeal Division / Decision on Appeal; Appeal Allowed and Referred to RPD for Re‑determination
Outcome
Appeal allowed; matter referred to the Refugee Protection Division for re‑determination by a differently constituted panel
Legal Topics
Credibility, Procedural Fairness, Recordkeeping and Evidence, Standard of Review, Referral for Re‑determination
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Credibility Recordkeeping and Evidence Standard of Review Referral for Re‑determination

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Second Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal to the Refugee Appeal Division / Decision on Appeal; Appeal Allowed and Referred to RPD for Re‑determination

Legal Issues

  1. 1 Whether the RPD decision denying refugee protection on credibility grounds can be reviewed without the audio recording of the RPD oral hearing
  2. 2 Whether absence of the audio recording breaches procedural fairness
  3. 3 Applicable standard of review for RAD review of RPD decisions

Ratio Decidendi

Because the April 30, 2019 audio recording of the RPD hearing is unavailable and the RAD cannot fully assess credibility and the oral evidence without it, rendering a decision on appeal would breach procedural fairness; accordingly the appeal must be allowed and the matter referred to the RPD for re‑determination by a differently constituted panel under s.111(1)(c) IRPA.

Court Disposition

Appeal allowed; matter referred to the Refugee Protection Division for re‑determination by a differently constituted panel

Orders

  • Appeal allowed
  • Pursuant to paragraph 111(1)(c) of the Immigration and Refugee Protection Act, refer the matter to the Refugee Protection Division for re‑determination by a differently constituted panel