TB7-19168

TB7-19168

The RPD made a determinative finding on the internal flight alternative without raising or analyzing IFA under the applicable two‑prong test, which is a reviewable error; therefore the RAD allowed the appeal and, pursuant to IRPA s.111(1)(c), referred the matter to the RPD for re‑determination by a differently‑constituted panel.

Citation
TB7-19168
Parties
Principal Appellant: XXXX XXXX; Co Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 July 2018
Procedural Posture
Refugee Protection Appeal (rad) / Appeal Heard by Rad; Referral to RPD for Re Determination
Outcome
Appeal allowed; matter referred to RPD for re‑determination by a differently‑constituted panel
Legal Topics
Internal Flight Alternative, Standard of Review, Referral Under IRPA, New Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Standard of Review Referral Under IRPA New Evidence

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Co Appellant

Procedural Posture

Refugee Protection Appeal (rad) / Appeal Heard by Rad; Referral to RPD for Re Determination

Legal Issues

  1. 1 Whether the RPD erred by making a determinative statement regarding internal flight alternative without raising or applying the two‑prong IFA test
  2. 2 Whether the Appellants face a well‑founded fear of persecution related to China’s child policy despite policy changes
  3. 3 Whether the RAD should set aside the RPD decision or refer the matter for re‑determination

Ratio Decidendi

The RPD made a determinative finding on the internal flight alternative without raising or analyzing IFA under the applicable two‑prong test, which is a reviewable error; therefore the RAD allowed the appeal and, pursuant to IRPA s.111(1)(c), referred the matter to the RPD for re‑determination by a differently‑constituted panel.

Court Disposition

Appeal allowed; matter referred to RPD for re‑determination by a differently‑constituted panel

Orders

  • Pursuant to paragraph 111(1)(c) of the Immigration and Refugee Protection Act, refer the matter to the Refugee Protection Division for re‑determination by a differently‑constituted panel.
  • Appeal allowed.