VB4-00481

VB4-00481

The RAD accepted the new identity letter as evidence under s.110(4) but concluded it could not fairly substitute a favourable decision or hold a limited hearing because resolving remaining credibility and tribal-identity issues would require hearing evidence already presented to the RPD; accordingly the RAD referred the claim back to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c).

Citation
VB4-00481
Parties
Appellant / Person Subject of the Appeal: XXXX XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 May 2014
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of RPD Determination) / RAD Decision — Appeal Allowed and Referred to RPD for Redetermination
Outcome
Appeal allowed in part; RAD refers matter to the RPD for redetermination by a different Member pursuant to s.111(1)(c) of IRPA
Legal Topics
Identity Verification, Credibility Assessment, Admission of New Evidence (s.110(4)), RAD Hearing Threshold (s.110(6)), Standard of Review / Reasonableness, Referral for Redetermination (s.111(1)(c))
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Verification Credibility Assessment Admission of New Evidence (s.110(4)) RAD Hearing Threshold (s.110(6)) Standard of Review / Reasonableness +1 more

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Parties

XXXX XXXX XXXX

Appellant / Person Subject of the Appeal

Minister of Citizenship and Immigration

Respondent / Minister

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of RPD Determination) / RAD Decision — Appeal Allowed and Referred to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD erred in identity determination
  2. 2 Whether the RPD erred in credibility findings
  3. 3 Whether the new document meets the s.110(4) test for admission on appeal

Ratio Decidendi

The RAD accepted the new identity letter as evidence under s.110(4) but concluded it could not fairly substitute a favourable decision or hold a limited hearing because resolving remaining credibility and tribal-identity issues would require hearing evidence already presented to the RPD; accordingly the RAD referred the claim back to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c).

Court Disposition

Appeal allowed in part; RAD refers matter to the RPD for redetermination by a different Member pursuant to s.111(1)(c) of IRPA

Orders

  • Document from Somali Immigrant Aid Organization accepted under s.110(4) as new evidence
  • No RAD hearing will be held under s.110(6)