TB8-21780

TB8-21780

The appeal is allowed because the RPD breached procedural fairness—by repetitively mischaracterizing the Appellant's evidence and by allowing the interpreter to provide evaluative commentary without contemporaneous interpretation—such breaches permeated the hearing and undermined the credibility findings; the correct remedy is to set aside the RPD decision and remit the matter to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA.

Citation
TB8-21780
Parties
Principal Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 March 2020
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal — Appeal Allowed and Remitted
Outcome
Appeal allowed; RPD decision dated August 7, 2018 set aside and matter remitted to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA.
Legal Topics
Credibility Findings, Interpreter Impartiality, Natural Justice, Remittance to Tribunal
Source Language
English
Immigration Refugee Law Administrative Law Procedural Fairness Credibility Findings Interpreter Impartiality Natural Justice Remittance to Tribunal

Case Brief

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Parties

XXXX XXXX

Principal Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal — Appeal Allowed and Remitted

Legal Issues

  1. 1 Whether the RPD breached procedural fairness by repetitively mischaracterizing the claimant's evidence
  2. 2 Whether the RPD breached natural justice by engaging the interpreter in off‑record evaluative discussion and failing to interpret it to the claimant
  3. 3 Whether credibility findings based on the above breaches can stand

Ratio Decidendi

The appeal is allowed because the RPD breached procedural fairness—by repetitively mischaracterizing the Appellant's evidence and by allowing the interpreter to provide evaluative commentary without contemporaneous interpretation—such breaches permeated the hearing and undermined the credibility findings; the correct remedy is to set aside the RPD decision and remit the matter to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA.

Court Disposition

Appeal allowed; RPD decision dated August 7, 2018 set aside and matter remitted to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA.

Orders

  • Appeal allowed
  • Set aside Refugee Protection Division decision dated August 7, 2018