TB8-01789

TB8-01789

The RAD allowed the appeal because the RPD's primary basis for disbelief was speculative plausibility findings untethered to internal contradictions or evidence; some new evidence met s.110(4) IRPA and was admitted (summons, photographs, portions of affidavits regarding post-rejection events), but remaining credibility issues and admitted new evidence required remittal to the RPD for redetermination before a differently-constituted panel.

Citation
TB8-01789
Parties
Principal Appellant: XXXX XXXX XXXXXXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 May 2019
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division; Matter Remitted to RPD for Redetermination
Outcome
Appeal allowed; remitted to the Refugee Protection Division for redetermination before a differently-constituted panel pursuant to paragraph 111(1)(c) IRPA
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Vulnerable Persons Guidelines, Procedural Fairness, Remittal to RPD
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Vulnerable Persons Guidelines Procedural Fairness Remittal to RPD

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXXXXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division; Matter Remitted to RPD for Redetermination

Legal Issues

  1. 1 Admissibility of new evidence under s.110(4) IRPA
  2. 2 Application of Chairperson's Guideline 8 (Vulnerable Person Guidelines)
  3. 3 Proper approach to credibility assessments and plausibility findings

Ratio Decidendi

The RAD allowed the appeal because the RPD's primary basis for disbelief was speculative plausibility findings untethered to internal contradictions or evidence; some new evidence met s.110(4) IRPA and was admitted (summons, photographs, portions of affidavits regarding post-rejection events), but remaining credibility issues and admitted new evidence required remittal to the RPD for redetermination before a differently-constituted panel.

Court Disposition

Appeal allowed; remitted to the Refugee Protection Division for redetermination before a differently-constituted panel pursuant to paragraph 111(1)(c) IRPA

Orders

  • Appeal allowed
  • Matter referred back to the RPD for redetermination before a differently-constituted panel