TC2-31428

TC2-31428

The RAD allowed the appeal because the RPD erred in its internal flight alternative analysis by failing to fully assess credibility and relevant evidence (including unexplored inconsistencies, an unexplained PTSD report and potential involvement in human smuggling), requiring redetermination by a differently constituted RPD panel.

Citation
TC2-31428
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 February 2023
Procedural Posture
Refugee Protection Appeal / RAD Decision Allowing Appeal and Remitting Matter to RPD for Redetermination by a Differently Constituted Panel
Outcome
Appeal allowed and remitted to the Refugee Protection Division for redetermination by a differently constituted panel
Legal Topics
Internal Flight Alternative, Credibility Assessment, Admissibility of New Evidence, PTSD and Mental Health Evidence, Exclusion/human Smuggling
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Admissibility of New Evidence PTSD and Mental Health Evidence Exclusion/human Smuggling

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / RAD Decision Allowing Appeal and Remitting Matter to RPD for Redetermination by a Differently Constituted Panel

Legal Issues

  1. 1 Whether the RPD erred in finding a viable internal flight alternative in Mérida
  2. 2 Whether the RPD failed to properly assess credibility and inconsistencies in evidence
  3. 3 Whether the RPD failed to consider the submitted PTSD report and its impact on relocation

Ratio Decidendi

The RAD allowed the appeal because the RPD erred in its internal flight alternative analysis by failing to fully assess credibility and relevant evidence (including unexplored inconsistencies, an unexplained PTSD report and potential involvement in human smuggling), requiring redetermination by a differently constituted RPD panel.

Court Disposition

Appeal allowed and remitted to the Refugee Protection Division for redetermination by a differently constituted panel

Orders

  • Appeal allowed; remitted to the RPD for redetermination by a differently constituted panel.
  • Previous record to be included in the redetermination.