TB8-10313

TB8-10313

The RPD erred in finding the business license lacked security features; the presence of an official Heting Villagers' Committee stamp means the document could not be rejected on that basis alone, and the RPD's remaining credibility findings are insufficient to sustain a negative determination on a balance of probabilities; however, outstanding credibility issues that were not tested at the RPD and the absence of new evidence prevent the RAD from substituting a positive decision, requiring referral to the RPD for redetermination by a differently constituted panel under s.111(1)(c) IRPA.

Citation
TB8-10313
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 January 2020
Procedural Posture
Refugee Protection Appeal / RAD Decision Referral for Redetermination
Outcome
Appeal allowed in part; matter referred to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to s.111(1)(c) of the IRPA
Legal Topics
Credibility Assessment, Documentary Evidence, Business License Authenticity, Standard of Review, Remittal/redetermination
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Documentary Evidence Business License Authenticity Standard of Review Remittal/redetermination

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / RAD Decision Referral for Redetermination

Legal Issues

  1. 1 Whether the RPD erred in assessing the authenticity of the business license and documentary evidence
  2. 2 Whether the RPD's credibility findings remain supportable on the record
  3. 3 Whether the RAD may substitute a positive determination or must refer the matter back to the RPD

Ratio Decidendi

The RPD erred in finding the business license lacked security features; the presence of an official Heting Villagers' Committee stamp means the document could not be rejected on that basis alone, and the RPD's remaining credibility findings are insufficient to sustain a negative determination on a balance of probabilities; however, outstanding credibility issues that were not tested at the RPD and the absence of new evidence prevent the RAD from substituting a positive decision, requiring referral to the RPD for redetermination by a differently constituted panel under s.111(1)(c) IRPA.

Court Disposition

Appeal allowed in part; matter referred to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to s.111(1)(c) of the IRPA

Orders

  • Allow the appeal and refer the matter to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to s.111(1)(c) of the Immigration and Refugee Protection Act.
  • Do not substitute a positive determination; remit for redetermination due to outstanding credibility issues and absence of new evidence.