MC0-08819

MC0-08819

The RAD allowed the appeal because the RPD, while correct on some negative credibility findings (return to India and omissions about XXXX XXXX XXXX), erred by failing to address all risks alleged, failing to apply Chairperson's Guideline 4, and mis-assessing documentary evidence; the matter is remitted to the RPD for redetermination by a differently constituted panel.

Citation
MC0-08819
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Associate Appellant: XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 February 2021
Procedural Posture
Refugee Protection Appeal / Appeal Heard by Refugee Appeal Division; Remitted to RPD for Redetermination
Outcome
Appeal allowed; matter remitted to Refugee Protection Division for redetermination by a differently constituted panel
Legal Topics
Credibility, Risk Assessment, Chairperson's Guideline 4, Procedural Fairness, Corroborative Evidence, Remittal
Source Language
English
Immigration Refugee Law Administrative Law Credibility Risk Assessment Chairperson's Guideline 4 Procedural Fairness Corroborative Evidence +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX

Minor Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal Heard by Refugee Appeal Division; Remitted to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD erred in credibility findings regarding return to India
  2. 2 Whether the RPD failed to address omissions concerning politician XXXX XXXX XXXX and police connections
  3. 3 Whether the RPD mis-assessed corroborative documents

Ratio Decidendi

The RAD allowed the appeal because the RPD, while correct on some negative credibility findings (return to India and omissions about XXXX XXXX XXXX), erred by failing to address all risks alleged, failing to apply Chairperson's Guideline 4, and mis-assessing documentary evidence; the matter is remitted to the RPD for redetermination by a differently constituted panel.

Court Disposition

Appeal allowed; matter remitted to Refugee Protection Division for redetermination by a differently constituted panel

Orders

  • Appeal allowed and matter remitted to the Refugee Protection Division for redetermination by a differently constituted panel
  • Request for a hearing denied due to no new evidence