MC0-09362

MC0-09362

The RPD's decision was set aside because it failed to explain why it attributed no probative value to the documentary evidence and misapplied credibility and the applicable test under ss.96-97 IRPA; without adequate reasons the RAD could not uphold the adverse credibility finding and remitted the matter to the RPD for redetermination by a different panel.

Citation
MC0-09362
Parties
Principal Appellant: XXXX XXXX XXXX; Spouse Appellant: XXXX XXXX XXXX; Dependent Appellant (son): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 January 2021
Procedural Posture
Refugee Protection Appeal / Appeal Allowed; Remitted to RPD for Redetermination by Another Panel
Outcome
Appeal allowed; RPD decision set aside and matter referred to the RPD for redetermination by another panel
Legal Topics
Credibility Assessment, Corroboration of Documentary Evidence, Burden of Proof (ss.96 97 Irpa), Remittal for Redetermination
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Corroboration of Documentary Evidence Burden of Proof (ss.96 97 Irpa) Remittal for Redetermination

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Spouse Appellant

XXXX XXXX

Dependent Appellant (son)

Procedural Posture

Refugee Protection Appeal / Appeal Allowed; Remitted to RPD for Redetermination by Another Panel

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the appellants
  2. 2 Whether the RPD lawfully attributed no probative value to exhibits P-2 to P-7 without explanation
  3. 3 Whether the correct legal test under ss.96 and 97 IRPA was applied (serious possibility/ balance of probabilities)

Ratio Decidendi

The RPD's decision was set aside because it failed to explain why it attributed no probative value to the documentary evidence and misapplied credibility and the applicable test under ss.96-97 IRPA; without adequate reasons the RAD could not uphold the adverse credibility finding and remitted the matter to the RPD for redetermination by a different panel.

Court Disposition

Appeal allowed; RPD decision set aside and matter referred to the RPD for redetermination by another panel

Orders

  • Appeal allowed
  • RPD determination set aside