TB7-23766

TB7-23766

The RAD found that the RPD's dispositive adverse finding on identity was materially based on incorrect biometric information; IRCC-provided biometric results established a match and the claimant's US travel, undermining the RPD's central credibility basis. Because the error was material to the outcome and the RAD could not properly substitute its own credibility findings without rehearing evidence, the correct remedy was to allow the appeal and refer the matter back to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA.

Citation
TB7-23766
Parties
Appellant / Person Subject of the Appeal: XXXX XXXX XXXX XXXX XXXX (A.K.A. XXXX XXXX XXXX XXXX XXXX)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 October 2018
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division; Referral to RPD for Redetermination
Outcome
Appeal allowed; matter referred to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA
Legal Topics
Credibility, Identity, Biometric Evidence, Procedural Irregularity, Standard of Review, Referral for Redetermination
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Identity Biometric Evidence Procedural Irregularity Standard of Review +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX (A.K.A. XXXX XXXX XXXX XXXX XXXX)

Appellant / Person Subject of the Appeal

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division; Referral to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD erred in finding the claimant failed to establish identity on the balance of probabilities
  2. 2 Reliability and effect of competing biometric search results on identity and credibility findings
  3. 3 Appropriate remedy where a material error arising from incomplete or incorrect evidence affected the RPD decision

Ratio Decidendi

The RAD found that the RPD's dispositive adverse finding on identity was materially based on incorrect biometric information; IRCC-provided biometric results established a match and the claimant's US travel, undermining the RPD's central credibility basis. Because the error was material to the outcome and the RAD could not properly substitute its own credibility findings without rehearing evidence, the correct remedy was to allow the appeal and refer the matter back to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA.

Court Disposition

Appeal allowed; matter referred to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA

Orders

  • Appeal allowed
  • Refer matter to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to s.111(1)(c) of the Immigration and Refugee Protection Act