MC0-06582

MC0-06582

The RAD found the RPD's credibility assessment was excessively microscopic and not justified by the record, allowed the appeal, set aside the RPD decision, and remitted the claims to the RPD with directions to request disclosure of the brother's refugee claim information under RPD rule 21 and to have the matter re-determined by another panel.

Citation
MC0-06582
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Spouse Appellant: XXXX XXXX XXXX; Minor Child Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 February 2021
Procedural Posture
Refugee Protection Appeal / Decision of Refugee Appeal Division (referred Back to Rpd)
Outcome
Appeal allowed; RPD decision set aside; matter referred to RPD for re-determination by a different panel with directions to seek disclosure of related claim information under RPD rule 21.
Legal Topics
Credibility Assessment, Admissibility of New Evidence (s.110(4) Irpa), Disclosure Between Related Refugee Claims (rpd Rule 21), Procedural Fairness in BOC Preparation
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence (s.110(4) Irpa) Disclosure Between Related Refugee Claims (rpd Rule 21) Procedural Fairness in BOC Preparation

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Spouse Appellant

XXXX XXXX XXXX XXXX

Minor Child Appellant

Procedural Posture

Refugee Protection Appeal / Decision of Refugee Appeal Division (referred Back to Rpd)

Legal Issues

  1. 1 Whether the RPD erred in rejecting the claimants for lack of credibility based on contradictions and omissions
  2. 2 Whether newly submitted emails meet admissibility criteria under subsection 110(4) IRPA and RAD Rules
  3. 3 Whether disclosure of a related claimant's file (the brother) should be ordered under RPD Rules rule 21

Ratio Decidendi

The RAD found the RPD's credibility assessment was excessively microscopic and not justified by the record, allowed the appeal, set aside the RPD decision, and remitted the claims to the RPD with directions to request disclosure of the brother's refugee claim information under RPD rule 21 and to have the matter re-determined by another panel.

Court Disposition

Appeal allowed; RPD decision set aside; matter referred to RPD for re-determination by a different panel with directions to seek disclosure of related claim information under RPD rule 21.

Orders

  • Allow appeal and set aside Refugee Protection Division determination
  • Refer matter back to the RPD for re-determination by another panel