TB6-08426

TB6-08426

The RAD concluded the RPD's reasons were insufficiently fulsome to support its determinative conclusion that the appellants were not genuine Falun Gong practitioners and not wanted by the PSB; because the issues required further factual clarification the RAD, applying the guidance on standard of review in Huruglica, allowed the appeal and remitted the matter to a newly constituted RPD panel for redetermination rather than substituting a final decision.

Citation
TB6-08426
Parties
Principal Appellant: XXXX XXXX; Associated Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 September 2016
Procedural Posture
Refugee Appeal Under IRPA / Appeal Considered by Rad; Appeal Allowed and Remitted to RPD for Redetermination
Outcome
Appeal allowed pursuant to IRPA; matter remitted to the Refugee Protection Division for redetermination by a newly constituted panel
Legal Topics
Falun Gong, Credibility Findings, Remittal, Sur Place, Exit Controls, Golden Shield/policenet, Human Smuggling, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Falun Gong Credibility Findings Remittal Sur Place +4 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associated Appellant

Procedural Posture

Refugee Appeal Under IRPA / Appeal Considered by Rad; Appeal Allowed and Remitted to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD breached natural justice or otherwise exceeded jurisdiction
  2. 2 Whether the RPD erred in law or made perverse/capricious findings of fact
  3. 3 Whether the appellants were genuine Falun Gong practitioners in China

Ratio Decidendi

The RAD concluded the RPD's reasons were insufficiently fulsome to support its determinative conclusion that the appellants were not genuine Falun Gong practitioners and not wanted by the PSB; because the issues required further factual clarification the RAD, applying the guidance on standard of review in Huruglica, allowed the appeal and remitted the matter to a newly constituted RPD panel for redetermination rather than substituting a final decision.

Court Disposition

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

Orders

  • Appeal allowed under s.111(1)(c) of the Immigration and Refugee Protection Act
  • Matter remitted to the Refugee Protection Division for re-determination by a newly constituted panel