TB7-07003

TB7-07003

The RPD breached natural justice by failing to appoint an independent designated representative for the Principal Appellant despite clear indices of vulnerability (medical reports and prolonged difficulty testifying); therefore, under IRPA s.111(1)(c) the RAD must refer the matter back to the RPD for redetermination by a differently constituted panel with a designated representative appointed for the Principal Appellant.

Citation
TB7-07003
Parties
Appellant (principal Appellant): XXXX XXXX; Appellant (female Claimant / Designated Representative): XXXX XXXX; Appellant (minor Claimant): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 June 2017
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division Requesting Substitution or Referral Back to RPD
Outcome
Appeal referred to the Refugee Protection Division for redetermination by a differently constituted panel; appointment of a designated representative for the Principal Appellant required.
Legal Topics
Natural Justice, Designated Representative, Vulnerable Persons, Credibility Assessment, Medical Evidence, Redetermination, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Natural Justice Designated Representative Vulnerable Persons Credibility Assessment Medical Evidence +2 more

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Parties

XXXX XXXX

Appellant (principal Appellant)

XXXX XXXX

Appellant (female Claimant / Designated Representative)

XXXX XXXX

Appellant (minor Claimant)

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division Requesting Substitution or Referral Back to RPD

Legal Issues

  1. 1 Whether the RPD breached the appellants' right to natural justice by failing to appoint an independent designated representative for the Principal Appellant despite indices of vulnerability
  2. 2 Whether the RPD adequately considered and weighed medical evidence of mental impairment in assessing credibility
  3. 3 Whether the RAD should substitute the RPD decision or refer the matter back for redetermination

Ratio Decidendi

The RPD breached natural justice by failing to appoint an independent designated representative for the Principal Appellant despite clear indices of vulnerability (medical reports and prolonged difficulty testifying); therefore, under IRPA s.111(1)(c) the RAD must refer the matter back to the RPD for redetermination by a differently constituted panel with a designated representative appointed for the Principal Appellant.

Court Disposition

Appeal referred to the Refugee Protection Division for redetermination by a differently constituted panel; appointment of a designated representative for the Principal Appellant required.

Orders

  • Matter referred back to the RPD for redetermination by a differently constituted panel pursuant to IRPA s.111(1)(c)
  • An independent designated representative must be appointed for the Principal Appellant