MB4-00063

MB4-00063

The RAD allowed the appeal and set aside the RPD decision because the RPD committed unreasonable errors by failing to consider key evidence about the appellant's OFACA involvement and by failing to analyse internal flight alternative; the RAD cannot itself resolve credibility without an oral hearing and therefore referred the matter to a differently constituted panel for redetermination.

Citation
MB4-00063
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent / Intervenor: Minister of Public Safety of Canada; First Instance Decision Maker: Refugee Protection Division (RPD)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 March 2014
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division (s.110 Irpa); Decision Set Aside and Matter Referred for Re Determination
Outcome
Appeal allowed; RPD decision rejecting refugee protection claim set aside and matter referred for re-determination by a differently constituted panel
Legal Topics
Credibility Assessment, Internal Flight Alternative, Standard of Review, Procedural Fairness, Remedy Referral for Redetermination
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Standard of Review Procedural Fairness Remedy Referral for Redetermination

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Public Safety of Canada

Respondent / Intervenor

Refugee Protection Division (RPD)

First Instance Decision Maker

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division (s.110 Irpa); Decision Set Aside and Matter Referred for Re Determination

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment
  2. 2 Whether the RPD failed to consider key evidence regarding the appellant's involvement with OFACA and persecution grounds (ethnicity, religion, gender, political opinion)
  3. 3 Whether the RAD should hold a hearing under s.110(6) IRPA

Ratio Decidendi

The RAD allowed the appeal and set aside the RPD decision because the RPD committed unreasonable errors by failing to consider key evidence about the appellant's OFACA involvement and by failing to analyse internal flight alternative; the RAD cannot itself resolve credibility without an oral hearing and therefore referred the matter to a differently constituted panel for redetermination.

Court Disposition

Appeal allowed; RPD decision rejecting refugee protection claim set aside and matter referred for re-determination by a differently constituted panel

Orders

  • Set aside the RPD determination rejecting XXXX XXXX refugee protection claim
  • Refer the matter to a differently constituted panel for re-determination that will take all the evidence into account