TB9-02812

TB9-02812

The RPD made material legal and procedural errors by rejecting identity documents without adequate reasons, ignoring significant supporting evidence, improperly making an overall adverse credibility finding based on limited contradictions, and failing to address the country of reference (possible Greek citizenship); therefore the RAD allowed the appeal and referred the matter to a differently constituted RPD panel with directions to determine identity, authenticity of documents, and whether the appellants are citizens of Greece.

Citation
TB9-02812
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX; Designated Representative: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 January 2020
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division (appeal Allowed and Remitted)
Outcome
Appeal allowed and matter referred to a differently constituted panel of the Refugee Protection Division
Legal Topics
Identity Documents, Credibility Findings, Admissibility of Evidence, Country of Reference/citizenship, Referral to First Instance Tribunal, Designated Representative
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Identity Documents Credibility Findings Admissibility of Evidence Country of Reference/citizenship +2 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division (appeal Allowed and Remitted)

Legal Issues

  1. 1 Whether late-filed documentary evidence was admissible without authorization
  2. 2 Whether the Refugee Protection Division reasonably rejected identity documents and made an overall adverse credibility finding
  3. 3 Whether procedural fairness was breached by failing to provide reasons and by denying opportunity to seek forensic analysis and call witnesses

Ratio Decidendi

The RPD made material legal and procedural errors by rejecting identity documents without adequate reasons, ignoring significant supporting evidence, improperly making an overall adverse credibility finding based on limited contradictions, and failing to address the country of reference (possible Greek citizenship); therefore the RAD allowed the appeal and referred the matter to a differently constituted RPD panel with directions to determine identity, authenticity of documents, and whether the appellants are citizens of Greece.

Court Disposition

Appeal allowed and matter referred to a differently constituted panel of the Refugee Protection Division

Orders

  • Appeal allowed and matter referred to a differently constituted panel of the Refugee Protection Division under s.111(1) of the IRPA
  • RPD is directed to determine whether the appellants are citizens of Greece