TB7-10000

TB7-10000

The RAD found the RPD committed reviewable legal errors by relying on peripheral omissions to impugn overall credibility, failing to consider and weigh the psychological report and other corroborative evidence, failing to assess minor claimants under applicable guidelines, and not addressing internal flight alternative; consequently the RPD decision was set aside and the matter referred to the RPD for redetermination by a differently constituted panel.

Citation
TB7-10000
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 November 2017
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division; Matter Referred Back to RPD for Redetermination by Differently Constituted Panel
Outcome
Appeal allowed; RPD determination set aside and matter referred back to RPD for redetermination by a differently constituted panel
Legal Topics
Credibility Assessment, Procedural Fairness, Internal Flight Alternative, Child Refugee Claimant Guidelines, Gender Related Persecution Guidelines, Use of Psychological Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Procedural Fairness Internal Flight Alternative Child Refugee Claimant Guidelines Gender Related Persecution Guidelines +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division; Matter Referred Back to RPD for Redetermination by Differently Constituted Panel

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment by relying on peripheral omissions
  2. 2 Whether the RPD failed to consider and weigh the psychological report and other corroborative evidence
  3. 3 Whether the RPD breached procedural fairness by failing to apply or consider Child Refugee Claimant Guidelines and Gender Guidelines

Ratio Decidendi

The RAD found the RPD committed reviewable legal errors by relying on peripheral omissions to impugn overall credibility, failing to consider and weigh the psychological report and other corroborative evidence, failing to assess minor claimants under applicable guidelines, and not addressing internal flight alternative; consequently the RPD decision was set aside and the matter referred to the RPD for redetermination by a differently constituted panel.

Court Disposition

Appeal allowed; RPD determination set aside and matter referred back to RPD for redetermination by a differently constituted panel

Orders

  • Set aside RPD decision dated May 8, 2017
  • Refer matter to the RPD for redetermination by a differently constituted panel