TB7-10130

TB7-10130

The RPD erred by dismissing the police reports as not credible because of formatting differences without considering that the reports were issued by different police departments; therefore the RAD allowed the appeal and referred the matter to the RPD for re-determination by a differently-constituted panel pursuant to s.111(1)(c) IRPA.

Citation
TB7-10130
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Co Appellant: XXXX XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 November 2018
Procedural Posture
Refugee Protection Appeal (rad) / Referral to RPD for Re Determination by Differently Constituted Panel Under S.111(1)(c) IRPA
Outcome
Appeal allowed; matter referred to the Refugee Protection Division for re-determination by a differently-constituted panel pursuant to s.111(1)(c) IRPA.
Legal Topics
Credibility Assessment, Re Determination, Standard of Review, Evidence, Police Reports, Procedural Fairness
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Re Determination Standard of Review Evidence Police Reports +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Co Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Appeal (rad) / Referral to RPD for Re Determination by Differently Constituted Panel Under S.111(1)(c) IRPA

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the appellants
  2. 2 Whether the RPD properly assessed the police reports given formatting differences
  3. 3 Whether the matter should be referred to the RPD for re-determination under s.111(1)(c) IRPA

Ratio Decidendi

The RPD erred by dismissing the police reports as not credible because of formatting differences without considering that the reports were issued by different police departments; therefore the RAD allowed the appeal and referred the matter to the RPD for re-determination by a differently-constituted panel pursuant to s.111(1)(c) IRPA.

Court Disposition

Appeal allowed; matter referred to the Refugee Protection Division for re-determination by a differently-constituted panel pursuant to s.111(1)(c) IRPA.

Orders

  • Refer the matter to the RPD for re-determination by a differently-constituted panel pursuant to paragraph 111(1)(c) of the IRPA.
  • Appeal allowed.