MB7-07740

MB7-07740

The RPD erred as a matter of law by concluding exclusion without first assessing the risk the appellant faces in Pakistan and Canada's international obligations when the claimant had lost third‑country permanent residence; the RAD sets aside the RPD decision and returns the file to a new RPD panel for redetermination because further factfinding (including on internal flight alternative and credibility) is required; no hearing on appeal is granted because no new evidence was submitted.

Citation
MB7-07740
Parties
Appellant / Person in Cause: XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 June 2021
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / RAD Decision on Appeal; Set Aside RPD Decision and Remit to New RPD Panel for Redetermination
Outcome
Appeal granted in part; RPD decision set aside and file returned to RPD for redetermination; hearing on appeal denied for lack of new evidence
Legal Topics
Exclusion (article 1 E / Section 98), Third‑country Permanent Resident Status, Redetermination / Remittal, Procedural Fairness and Bias, Standard of Review, Internal Flight Alternative, International Obligations
Source Language
English
Immigration Law Refugee Law Administrative Law Exclusion (article 1 E / Section 98) Third‑country Permanent Resident Status Redetermination / Remittal Procedural Fairness and Bias Standard of Review +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Appellant / Person in Cause

Minister of Citizenship and Immigration

Respondent / Minister

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / RAD Decision on Appeal; Set Aside RPD Decision and Remit to New RPD Panel for Redetermination

Legal Issues

  1. 1 Whether the RPD erred by finding exclusion under article 1E/section 98 without assessing the risk in the claimant's country of origin and Canada’s international obligations
  2. 2 Whether the claimant can reacquire Spanish permanent residence such that exclusion applies
  3. 3 Whether the RPD demonstrated bias or lack of impartiality by addressing exclusion despite no Minister intervention

Ratio Decidendi

The RPD erred as a matter of law by concluding exclusion without first assessing the risk the appellant faces in Pakistan and Canada's international obligations when the claimant had lost third‑country permanent residence; the RAD sets aside the RPD decision and returns the file to a new RPD panel for redetermination because further factfinding (including on internal flight alternative and credibility) is required; no hearing on appeal is granted because no new evidence was submitted.

Court Disposition

Appeal granted in part; RPD decision set aside and file returned to RPD for redetermination; hearing on appeal denied for lack of new evidence

Orders

  • Pursuant to s.111(1)(c) of the Immigration and Refugee Protection Act the RPD decision dated June 16, 2017 is set aside
  • The file is returned to a new Refugee Protection Division panel for redetermination