MB9-09274

MB9-09274

On the balance of probabilities the adult appellant was denied a fair hearing because her abusive former partner constrained her ability to obtain legal advice and to participate in the RPD process, constituting a breach of procedural fairness and natural justice; therefore the RAD allowed the appeal and remitted the matter to the RPD for a fresh hearing where all evidence must be heard.

Citation
MB9-09274
Parties
Appellant; Designated Representative of Minor: XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 May 2021
Procedural Posture
Refugee Appeal Under IRPA / Decision by Refugee Appeal Division; Remitted to Refugee Protection Division for Redetermination
Outcome
Appeal allowed; matter remitted to the Refugee Protection Division for redetermination
Legal Topics
Procedural Fairness, Natural Justice, New Evidence (s.110 Irpa), Gender Based Persecution, Domestic Violence, Accusation of Witchcraft
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Natural Justice New Evidence (s.110 Irpa) Gender Based Persecution Domestic Violence +1 more

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Parties

XXXX XXXX XXXX

Appellant; Designated Representative of Minor

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal Under IRPA / Decision by Refugee Appeal Division; Remitted to Refugee Protection Division for Redetermination

Legal Issues

  1. 1 Whether the appellants were denied a fair hearing before the RPD
  2. 2 Whether new evidence met the s.110(4) IRPA threshold and related credibility/relevance/newness requirements
  3. 3 Whether the RAD should hold a hearing under s.110(6) IRPA

Ratio Decidendi

On the balance of probabilities the adult appellant was denied a fair hearing because her abusive former partner constrained her ability to obtain legal advice and to participate in the RPD process, constituting a breach of procedural fairness and natural justice; therefore the RAD allowed the appeal and remitted the matter to the RPD for a fresh hearing where all evidence must be heard.

Court Disposition

Appeal allowed; matter remitted to the Refugee Protection Division for redetermination

Orders

  • Appeal allowed
  • Matter remitted to the Refugee Protection Division for redetermination and all evidence to be heard again to permit an informed decision