TC0-09033

TC0-09033

The RPD committed reviewable errors in law and fact by dismissing all documentary evidence on the basis that it emanated from associates, failing to identify specific contradictions to rebut the presumption of truth, and making implausibility findings without a reliable evidentiary basis; accordingly the RAD allowed the appeal and remitted the matter to the RPD for redetermination by a differently constituted panel.

Citation
TC0-09033
Parties
Principal Appellant: XXXX XXXX XXXX; Spouse: Unknown XXXX; Child: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 January 2021
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal; Matter Remitted to RPD for Redetermination by a Differently Constituted Panel
Outcome
Appeal allowed; matter remitted to the Refugee Protection Division for redetermination by a differently constituted panel
Legal Topics
Credibility Assessment, Documentary Evidence, Internal Flight Alternative, Standard of Review, Remittal Instructions
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Documentary Evidence Internal Flight Alternative Standard of Review Remittal Instructions

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Parties

XXXX XXXX XXXX

Principal Appellant

Unknown XXXX

Spouse

XXXX XXXX

Child

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal; Matter Remitted to RPD for Redetermination by a Differently Constituted Panel

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the RPD improperly dismissed documentary evidence as self‑serving
  3. 3 Whether the RPD's implausibility findings were reasonable without a reliable evidentiary base

Ratio Decidendi

The RPD committed reviewable errors in law and fact by dismissing all documentary evidence on the basis that it emanated from associates, failing to identify specific contradictions to rebut the presumption of truth, and making implausibility findings without a reliable evidentiary basis; accordingly the RAD allowed the appeal and remitted the matter to the RPD for redetermination by a differently constituted panel.

Court Disposition

Appeal allowed; matter remitted to the Refugee Protection Division for redetermination by a differently constituted panel

Orders

  • Allow the appeal
  • Remit the matter to the RPD to be redetermined by a differently constituted panel