TB8-23472

TB8-23472

Because a substantial portion of the principal appellant's testimony was unrecorded and the RPD's adverse credibility findings were intertwined with its assessment of state protection, the RAD could not reliably assess the evidence and therefore allowed the appeal and referred the matter to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA.

Citation
TB8-23472
Parties
Principal Appellant: XXXX XXXX; Associate Appellants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 March 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal; Matter Referred to RPD for Redetermination
Outcome
Appeal allowed and matter referred to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to section 111(1)(c) of the Immigration and Refugee Protection Act.
Legal Topics
Credibility Findings, State Protection, Incomplete Hearing Record, Natural Justice, Remand for Rehearing
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Credibility Findings State Protection Incomplete Hearing Record Natural Justice +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellants

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal; Matter Referred to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD's adverse credibility findings were supportable given a partially unrecorded hearing
  2. 2 Whether state protection in Hungary was adequately assessed by the RPD
  3. 3 Whether procedural fairness was breached by the RPD's failure to address the unrecorded portion of testimony

Ratio Decidendi

Because a substantial portion of the principal appellant's testimony was unrecorded and the RPD's adverse credibility findings were intertwined with its assessment of state protection, the RAD could not reliably assess the evidence and therefore allowed the appeal and referred the matter to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA.

Court Disposition

Appeal allowed and matter referred to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to section 111(1)(c) of the Immigration and Refugee Protection Act.

Orders

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