MC0-10353

MC0-10353

The RAD concluded that the absence of the RPD hearing recording deprived the parents of procedural fairness because the RPD's IFA conclusions relied in part on their testimony and the appellants could not show or argue errors without the record; therefore the parents' appeals were allowed and referred to the RPD. The minor's appeal was dismissed because her claim failed for lack of allegations against her country of nationality and was not dependent on the missing recording.

Citation
MC0-10353
Parties
Appellant (parent): XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 April 2021
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Seeking Referral to Refugee Protection Division
Outcome
Appeal of minor dismissed; appeals of parents allowed and matters referred to the RPD.
Legal Topics
Internal Flight Alternative, Credibility Assessment, Female Genital Mutilation, Natural Justice, Referral to RPD, IRPA Ss.96 97
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Internal Flight Alternative Credibility Assessment Female Genital Mutilation Natural Justice +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Appellant (parent)

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division Seeking Referral to Refugee Protection Division

Legal Issues

  1. 1 Whether absence of RPD hearing recording violated procedural fairness for appellants
  2. 2 Whether an internal flight alternative was available to the parents
  3. 3 Whether the minor daughter made allegations against her country of nationality sufficient to engage protection under ss.96-97 of IRPA

Ratio Decidendi

The RAD concluded that the absence of the RPD hearing recording deprived the parents of procedural fairness because the RPD's IFA conclusions relied in part on their testimony and the appellants could not show or argue errors without the record; therefore the parents' appeals were allowed and referred to the RPD. The minor's appeal was dismissed because her claim failed for lack of allegations against her country of nationality and was not dependent on the missing recording.

Court Disposition

Appeal of minor dismissed; appeals of parents allowed and matters referred to the RPD.

Orders

  • Dismiss the appeal of XXXX XXXX XXXX and confirm the RPD decision that she is not a Convention refugee or a person in need of protection.
  • Allow the appeals of XXXX XXXX XXXX and XXXX XXXX XXXX and refer those matters to the Refugee Protection Division.