MB8-18645

MB8-18645

Because the audio record of the RPD hearing was incomplete and credibility was central to the negative decision, there was a breach of procedural fairness; accordingly the RAD must allow the appeal and refer the matter to the RPD for re-determination by a differently constituted panel under s.111(1)(c) IRPA.

Citation
MB8-18645
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Daughter / Co Appellant: XXXX XXXX XXXX XXXX; Minor Child / Co Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 August 2019
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division; Referral to RPD for Re Determination
Outcome
Appeal allowed; matter referred to the Refugee Protection Division for re-determination by a differently constituted panel.
Legal Topics
Credibility, Incomplete Hearing Record, Breach of Natural Justice, Referral for Re Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Credibility Incomplete Hearing Record Breach of Natural Justice Referral for Re Determination

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Daughter / Co Appellant

XXXX XXXX XXXX

Minor Child / Co Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division; Referral to RPD for Re Determination

Legal Issues

  1. 1 Whether incomplete recording of the RPD hearing breaches procedural fairness
  2. 2 Whether the RAD can review RPD credibility findings absent a complete hearing record
  3. 3 Whether referral to the RPD for re-determination is required under s.111(1)(c) IRPA

Ratio Decidendi

Because the audio record of the RPD hearing was incomplete and credibility was central to the negative decision, there was a breach of procedural fairness; accordingly the RAD must allow the appeal and refer the matter to the RPD for re-determination by a differently constituted panel under s.111(1)(c) IRPA.

Court Disposition

Appeal allowed; matter referred to the Refugee Protection Division for re-determination by a differently constituted panel.

Orders

  • Pursuant to subsection 111(1)(c) of the Immigration and Refugee Protection Act, the matter is referred to the Refugee Protection Division for re-determination by a differently constituted panel.