VB4-01040

VB4-01040

The RPD's decision was unreasonable because it failed to consider the whole of the evidence, gave undue weight to peripheral inconsistencies and mischaracterizations, and speculated improperly about documentary evidence; therefore the decision falls outside the range of reasonable outcomes and must be set aside and referred to the RPD for redetermination because the RAD could not fairly substitute its own decision without rehearing evidence presented to the RPD (s.111(2)).

Citation
VB4-01040
Parties
Primary Appellant: XXXX XXXX XXXX XXXX; Joined Minor Child: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 July 2014
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Decision by Refugee Appeal Division (rad) Remitting Matter to Refugee Protection Division (rpd) for Redetermination
Outcome
Appeal allowed; RPD decision set aside; matter referred back to RPD for redetermination by a different panel.
Legal Topics
Credibility Findings, Country Conditions, Standard of Review, Referral Under S.111 IRPA, Procedural Fairness
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Findings Country Conditions Standard of Review Referral Under S.111 IRPA Procedural Fairness

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Primary Appellant

XXXX XXXX XXXX XXXX

Joined Minor Child

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Decision by Refugee Appeal Division (rad) Remitting Matter to Refugee Protection Division (rpd) for Redetermination

Legal Issues

  1. 1 Were the RPD's credibility findings reasonable?
  2. 2 Were the RPD's factual and plausibility findings reasonable?
  3. 3 Did the RPD unreasonably analyze and fail to consider corroborating documents and country evidence?

Ratio Decidendi

The RPD's decision was unreasonable because it failed to consider the whole of the evidence, gave undue weight to peripheral inconsistencies and mischaracterizations, and speculated improperly about documentary evidence; therefore the decision falls outside the range of reasonable outcomes and must be set aside and referred to the RPD for redetermination because the RAD could not fairly substitute its own decision without rehearing evidence presented to the RPD (s.111(2)).

Court Disposition

Appeal allowed; RPD decision set aside; matter referred back to RPD for redetermination by a different panel.

Orders

  • RPD decision set aside
  • Matter referred to the Refugee Protection Division for de novo redetermination by a different panel