VB7-01229

VB7-01229

The RPD made a significant error of fact by mischaracterizing the author of the psychological report as not being a psychiatrist, failed to consider the report and the associate appellant's diagnosed mental conditions in assessing credibility and applying the Gender Guidelines, and made an unsupported implausibility finding about timing of family pressure; these errors fatally undermined the credibility assessment and require remand to the RPD for redetermination.

Citation
VB7-01229
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 February 2018
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Appeal Allowed; Matter Remitted to the RPD for Redetermination by a Differently Constituted Panel Pursuant to S.111(1)(c) IRPA
Outcome
Appeal allowed; matter referred to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA
Legal Topics
Credibility Findings, Psychological Evidence, Procedural Fairness, Remand/redetermination, Application of Gender Guidelines
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Findings Psychological Evidence Procedural Fairness Remand/redetermination +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Appeal Allowed; Matter Remitted to the RPD for Redetermination by a Differently Constituted Panel Pursuant to S.111(1)(c) IRPA

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the RPD improperly dismissed a psychological report by mischaracterizing the author's credentials
  3. 3 Whether the RPD failed to apply Gender Guidelines and consider mental health when assessing credibility

Ratio Decidendi

The RPD made a significant error of fact by mischaracterizing the author of the psychological report as not being a psychiatrist, failed to consider the report and the associate appellant's diagnosed mental conditions in assessing credibility and applying the Gender Guidelines, and made an unsupported implausibility finding about timing of family pressure; these errors fatally undermined the credibility assessment and require remand to the RPD for redetermination.

Court Disposition

Appeal allowed; matter referred to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA

Orders

  • Appeal allowed
  • Refer the matter to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA