TB4-01935

TB4-01935

RAD applied a reasonableness standard and, while recognizing deference to RPD on credibility, found several RPD findings (implausibility of abortion certificates and of lack of interrogation in US transit, and improper reliance on condition of fee card and speculative comment on desire for more children) unreasonable; new evidence was not admitted as not truly new; oral hearing denied; cumulative effect of unreasonable findings undermined the RPD's general adverse credibility conclusion so RAD set aside the RPD decision and referred the matter to the RPD for redetermination by a differently constituted panel under s111(1)(c) IRPA.

Citation
TB4-01935
Parties
Principal Appellant: XXXX XXXX; Associated Appellant (husband): XXXX XXXX; Minor Appellant (daughter): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 June 2014
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division Under IRPA / Appeal From RPD Decision; Referral to RPD for Redetermination by Differently Constituted Panel
Outcome
Appeal allowed; RPD decision set aside and matter referred to RPD for redetermination by a differently-constituted panel pursuant to s111(1)(c) IRPA.
Legal Topics
Credibility Findings, Admissibility of New Evidence, Standard of Review, Oral Hearing Under S110(6), Family Planning Policy/forced Sterilization and Abortion, Remedy: Referral Under S111(1)(c)
Source Language
English
Immigration Refugee Law Administrative Law Credibility Findings Admissibility of New Evidence Standard of Review Oral Hearing Under S110(6) Family Planning Policy/forced Sterilization and Abortion +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associated Appellant (husband)

XXXX XXXX

Minor Appellant (daughter)

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division Under IRPA / Appeal From RPD Decision; Referral to RPD for Redetermination by Differently Constituted Panel

Legal Issues

  1. 1 whether new evidence filed on appeal is admissible under s110(4) IRPA
  2. 2 appropriate standard of review for RAD of RPD factual and credibility findings
  3. 3 whether an oral hearing should be granted under s110(6) IRPA

Ratio Decidendi

RAD applied a reasonableness standard and, while recognizing deference to RPD on credibility, found several RPD findings (implausibility of abortion certificates and of lack of interrogation in US transit, and improper reliance on condition of fee card and speculative comment on desire for more children) unreasonable; new evidence was not admitted as not truly new; oral hearing denied; cumulative effect of unreasonable findings undermined the RPD's general adverse credibility conclusion so RAD set aside the RPD decision and referred the matter to the RPD for redetermination by a differently constituted panel under s111(1)(c) IRPA.

Court Disposition

Appeal allowed; RPD decision set aside and matter referred to RPD for redetermination by a differently-constituted panel pursuant to s111(1)(c) IRPA.

Orders

  • Appeals allowed
  • New evidence submitted on appeal not admitted