TB8-06108

TB8-06108

The RAD allowed the appeal and referred the matter back to the RPD for redetermination by a differently constituted panel because the RPD's negative credibility conclusion lacked the required analysis of the appellant's written and oral testimony and the RAD cannot conduct its own credibility investigation.

Citation
TB8-06108
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 June 2019
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision by RAD Referring Matter to RPD for Redetermination
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 Assessment, Standard of Review, Remand / Redetermination, Evidence and Hearing Requests, Persecution / Blood Feud
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Standard of Review Remand / Redetermination Evidence and Hearing Requests Persecution / Blood Feud

Case Brief

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision by RAD Referring Matter to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD erred in finding the appellant not credible
  2. 2 Whether the RAD may conduct its own credibility assessment or must remit to the RPD
  3. 3 Whether remand for redetermination by a differently constituted panel is required under s.111(1)(c) IRPA

Ratio Decidendi

The RAD allowed the appeal and referred the matter back to the RPD for redetermination by a differently constituted panel because the RPD's negative credibility conclusion lacked the required analysis of the appellant's written and oral testimony and the RAD cannot conduct its own credibility investigation.

Court Disposition

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

Orders

  • Refer the matter to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to paragraph 111(1)(c) of the Immigration and Refugee Protection Act.