MB4-04993

MB4-04993

The RAD found the RPD erred in its credibility assessment and in discounting documentary evidence without adequate justification; because the RAD could not fairly substitute its own credibility determination without hearing the oral evidence, the RAD set aside the RPD decision and referred the claim to a differently constituted RPD panel for re-determination.

Citation
MB4-04993
Parties
Appellant (person Who Is the Subject of the Appeal): XXXXXXXX; Intervenor: Minister of Public Safety Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 July 2015
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal Appeal Allowed and Matter Referred to Differently Constituted RPD Panel for Re Determination
Outcome
Appeal allowed; RPD decision set aside and matter referred to a differently constituted RPD panel for re-determination.
Legal Topics
Credibility Assessment, Referral for Re Determination, Procedural Fairness, Admissibility of Evidence, S.110(6) Hearing, Persecution Risk, Blasphemy Allegations
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Referral for Re Determination Procedural Fairness Admissibility of Evidence S.110(6) Hearing +2 more

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Parties

XXXXXXXX

Appellant (person Who Is the Subject of the Appeal)

Minister of Public Safety Canada

Intervenor

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal Appeal Allowed and Matter Referred to Differently Constituted RPD Panel for Re Determination

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the RPD properly assessed documentary evidence and gave appropriate probative value
  3. 3 Whether the RAD should hold an oral hearing under s.110(6) IRPA

Ratio Decidendi

The RAD found the RPD erred in its credibility assessment and in discounting documentary evidence without adequate justification; because the RAD could not fairly substitute its own credibility determination without hearing the oral evidence, the RAD set aside the RPD decision and referred the claim to a differently constituted RPD panel for re-determination.

Court Disposition

Appeal allowed; RPD decision set aside and matter referred to a differently constituted RPD panel for re-determination.

Orders

  • The RPD determination dated November 7, 2014 is set aside and the refugee protection claim is referred to a differently constituted Refugee Protection Division panel for re-determination.