VB7-03779

Because the RPD's adverse credibility finding rested on witnesses' demeanour and the RAD was unable to review an intelligible recording of the RPD hearing, the RAD could not properly assess credibility and therefore must refer the matter back to the RPD for re-determination under s.111(1)(c) IRPA.

Citation: VB7-03779
Parties: Principal Appellant: XXXX XXXX XXXX; Principal Appellant's Husband: XXXX XXXX XXXX
Court: Refugee Appeal Division
Jurisdiction: Canada
Judgment Date: 2 August 2019
Procedural Posture: Refugee Appeal (rad Review of RPD Decision) / RAD Decision Matter Referred Back to RPD for Re Determination
Outcome: Matter referred back to the Refugee Protection Division for re-determination pursuant to section 111(1)(c) of the IRPA.
Legal Topics: Credibility Assessment, Hearing Recording Evidence, Referral for Re Determination, New Evidence (s.110(4) Irpa)
Source Language: English

Immigration Refugee Law Administrative Law Credibility Assessment Hearing Recording Evidence Referral for Re Determination New Evidence (s.110(4) Irpa)

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Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Principal Appellant's Husband

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / RAD Decision Matter Referred Back to RPD for Re Determination

Legal Issues

1 Whether the RAD can decide the appeal without an intelligible recording of the RPD hearing
2 Whether the RPD credibility finding based on demeanour can be assessed by the RAD absent a usable recording

Ratio Decidendi

Court Disposition

Matter referred back to the Refugee Protection Division for re-determination pursuant to section 111(1)(c) of the IRPA.

Orders

Refer the matter back to the Refugee Protection Division for re-determination pursuant to section 111(1)(c) IRPA