TB9-08143

TB9-08143

The RAD allowed the appeal and remitted the matter because the RPD erred in dismissing the claims for failure to establish identity without assessing the Appellants' reasonable explanation for relying solely on passports and without permitting them to submit additional identity documents; the new evidence is admissible and the RPD must redetermine the claims on the merits before a differently constituted panel.

Citation
TB9-08143
Parties
Appellant Principal: XXXX XXXX XXXX XXXX; Appellant Associate: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 October 2019
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (rad Allowed; Remitted)
Outcome
Appeal allowed; matter referred back to the Refugee Protection Division for redetermination by a differently constituted panel
Legal Topics
Identity Documentation, Credibility Assessment, Admissibility of New Evidence, Remittal for Redetermination
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Documentation Credibility Assessment Admissibility of New Evidence Remittal for Redetermination

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Parties

XXXX XXXX XXXX XXXX

Appellant Principal

XXXX XXXX XXXX XXXX

Appellant Associate

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (rad Allowed; Remitted)

Legal Issues

  1. 1 Whether the RPD erred in finding the Appellants did not establish their identities
  2. 2 Whether the Appellants provided a reasonable explanation for not submitting secondary identity documents
  3. 3 Whether new evidence on appeal is admissible before the RAD

Ratio Decidendi

The RAD allowed the appeal and remitted the matter because the RPD erred in dismissing the claims for failure to establish identity without assessing the Appellants' reasonable explanation for relying solely on passports and without permitting them to submit additional identity documents; the new evidence is admissible and the RPD must redetermine the claims on the merits before a differently constituted panel.

Court Disposition

Appeal allowed; matter referred back to the Refugee Protection Division for redetermination by a differently constituted panel

Orders

  • Appeal allowed
  • Matter referred back to the Refugee Protection Division for redetermination by a differently constituted panel (IRPA s.111(1)(c))