TB7-18642

TB7-18642

The RAD concluded that the RPD's decision introduced an identity-based determination only in its concluding paragraph without prior notice or supporting reasons, constituting a breach of procedural fairness; under s.111(1)(c) IRPA the appeal is allowed and the matter is referred back to the RPD for redetermination by a different panel.

Citation
TB7-18642
Parties
Principal Appellant: XXXX XXXX XXXX; Spouse: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 August 2018
Procedural Posture
Refugee Protection Appeal (rad) / Decision on Appeal Referral to RPD for Redetermination by a Different Panel
Outcome
Appeal allowed; matter referred back to the RPD for redetermination by a different panel pursuant to s.111(1)(c) IRPA.
Legal Topics
Persecution, Credibility, Identity, Natural Justice, Referral for Redetermination
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Persecution Credibility Identity Natural Justice +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Spouse

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (rad) / Decision on Appeal Referral to RPD for Redetermination by a Different Panel

Legal Issues

  1. 1 Whether the RPD erred by raising an identity issue only in its conclusion without notice to the parties
  2. 2 Whether there was a breach of procedural fairness/natural justice
  3. 3 Whether the appellants established a serious possibility of persecution or were persons in need of protection despite credibility findings

Ratio Decidendi

The RAD concluded that the RPD's decision introduced an identity-based determination only in its concluding paragraph without prior notice or supporting reasons, constituting a breach of procedural fairness; under s.111(1)(c) IRPA the appeal is allowed and the matter is referred back to the RPD for redetermination by a different panel.

Court Disposition

Appeal allowed; matter referred back to the RPD for redetermination by a different panel pursuant to s.111(1)(c) IRPA.

Orders

  • Appeal allowed and matter referred back to the Refugee Protection Division for redetermination by a different panel pursuant to paragraph 111(1)(c) of the Immigration and Refugee Protection Act.