MC0-09947

MC0-09947

The RAD concluded the RPD erred in making a general finding of lack of credibility and in rejecting corroborative documentary evidence without adequate analysis; because determinative issues (including IFA and the effect of an alleged fatwa) require further fact‑finding and questioning, RAD could not substitute its own decision and therefore set aside the RPD determination and referred the matter for re‑determination by a new member pursuant to s.111(1)(c) IRPA.

Citation
MC0-09947
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 February 2021
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division; Decision Set Aside and Matter Referred to RPD for Re Determination
Outcome
Appeal allowed; RPD decision set aside and matter referred to RPD for re-determination by a new member pursuant to s.111(1)(c) IRPA
Legal Topics
Credibility Assessment, Internal Flight Alternative, Corroborative Evidence, Fatwa and Blasphemy Allegations, Standard of Review, Referral for Re Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Corroborative Evidence Fatwa and Blasphemy Allegations Standard of Review +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division; Decision Set Aside and Matter Referred to RPD for Re Determination

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the RPD improperly rejected documentary corroboration
  3. 3 Whether an internal flight alternative exists given alleged fatwa and blasphemy allegations

Ratio Decidendi

The RAD concluded the RPD erred in making a general finding of lack of credibility and in rejecting corroborative documentary evidence without adequate analysis; because determinative issues (including IFA and the effect of an alleged fatwa) require further fact‑finding and questioning, RAD could not substitute its own decision and therefore set aside the RPD determination and referred the matter for re‑determination by a new member pursuant to s.111(1)(c) IRPA.

Court Disposition

Appeal allowed; RPD decision set aside and matter referred to RPD for re-determination by a new member pursuant to s.111(1)(c) IRPA

Orders

  • Set aside the RPD determination dated September 21, 2020
  • Refer the matter to the RPD for re-determination by a new member pursuant to paragraph 111(1)(c) of the IRPA