TB9-13489

TB9-13489

The RAD found on the balance of probabilities that former counsel's failures (absence of qualified interpretation of BOCs and failure to advise about joinder) denied the appellants procedural fairness, tainted the RPD's credibility and IFA findings, and required remittance to the RPD for redetermination by a differently constituted panel.

Citation
TB9-13489
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 January 2020
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division; Remitted to Refugee Protection Division for Redetermination
Outcome
Appeal allowed; matter remitted to the Refugee Protection Division for redetermination by a differently constituted panel
Legal Topics
Inadequate Representation, Interpreter Issues, Joinder of Claims, Admissibility of Fresh Evidence, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Administrative Law Procedural Fairness Inadequate Representation Interpreter Issues Joinder of Claims Admissibility of Fresh Evidence +1 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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division; Remitted to Refugee Protection Division for Redetermination

Legal Issues

  1. 1 Whether appellants were denied a fair hearing due to inadequate representation by former counsel
  2. 2 Whether new evidence filed on appeal is admissible
  3. 3 Whether an oral hearing by the RAD is required

Ratio Decidendi

The RAD found on the balance of probabilities that former counsel's failures (absence of qualified interpretation of BOCs and failure to advise about joinder) denied the appellants procedural fairness, tainted the RPD's credibility and IFA findings, and required remittance 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

  • Appeal allowed
  • Admit new evidence submitted on appeal as described in decision