TB7-15553

TB7-15553

Because the audio recording of the RPD hearing is incomplete and omits determinative testimony and submissions on issues central to the viability of the proposed IFAs, the RAD cannot perform the required full assessment; that procedural deficiency amounts to denial of natural justice, so under paragraph 111(c) IRPA the appeal is allowed and the matter is remitted to the RPD for redetermination by a differently-constituted panel.

Citation
TB7-15553
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 March 2018
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Appeal Allowed and Remitted; Matter Referred to RPD for Redetermination by a Differently Constituted Panel
Outcome
Appeal allowed; matter referred to the Refugee Protection Division for redetermination by a differently-constituted panel
Legal Topics
Internal Flight Alternative (ifa), Remittal Under S.111(c) IRPA, Incomplete Audio Record, Assessment of Credibility and Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness (natural Justice) Internal Flight Alternative (ifa) Remittal Under S.111(c) IRPA Incomplete Audio Record Assessment of Credibility and Evidence

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 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Appeal Allowed and Remitted; Matter Referred to RPD for Redetermination by a Differently Constituted Panel

Legal Issues

  1. 1 Whether the RPD erred in finding Internal Flight Alternatives available in Lagos or Port Harcourt
  2. 2 Whether the incomplete audio recording denied the Appellants procedural fairness/natural justice
  3. 3 Whether the RAD can conduct a full assessment of the appeal without the missing portions of the RPD hearing record

Ratio Decidendi

Because the audio recording of the RPD hearing is incomplete and omits determinative testimony and submissions on issues central to the viability of the proposed IFAs, the RAD cannot perform the required full assessment; that procedural deficiency amounts to denial of natural justice, so under paragraph 111(c) IRPA the appeal is allowed and the matter is remitted to the RPD for redetermination by a differently-constituted panel.

Court Disposition

Appeal allowed; matter referred to the Refugee Protection Division for redetermination by a differently-constituted panel

Orders

  • Refer the matter to the Refugee Protection Division for re-determination by a differently-constituted panel with consideration of Internal Flight Alternative (IFA)