TB9-16011

TB9-16011

The RAD allowed the appeal and remitted the matter to the RPD for redetermination by a differently constituted panel because the RAD cannot reach a final determination without the evidentiary findings and record from the RPD on issues not canvassed or sufficiently addressed and because the new evidence was not admitted and an oral hearing at the RAD was denied.

Citation
TB9-16011
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 October 2020
Procedural Posture
Refugee Appeal Under IRPA / RAD Decision Remitting Matter to RPD for Redetermination
Outcome
Appeal allowed; matter referred to the RPD for redetermination by a differently constituted panel pursuant to IRPA s.111(1)(c).
Legal Topics
Gender Based Persecution, Child Refugee Claim, Credibility Assessment, New Evidence Admissibility, Internal Flight Alternative, Failure to Seek Protection in a Convention Country, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Gender Based Persecution Child Refugee Claim Credibility Assessment New Evidence Admissibility +3 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Appeal Under IRPA / RAD Decision Remitting Matter to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD erred in credibility findings
  2. 2 Whether the Appellants established a well-founded fear/serious possibility of persecution
  3. 3 Whether the RAD should admit new evidence under s.110(4)-(6) IRPA

Ratio Decidendi

The RAD allowed the appeal and remitted the matter to the RPD for redetermination by a differently constituted panel because the RAD cannot reach a final determination without the evidentiary findings and record from the RPD on issues not canvassed or sufficiently addressed and because the new evidence was not admitted and an oral hearing at the RAD was denied.

Court Disposition

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

Orders

  • Refer the appeal to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA
  • Reject admission of the three pieces of new evidence (Letter from law firm, Updated Psychological Assessment, Deed Documents) as not meeting s.110(4) criteria