VB5-00703

VB5-00703

The RAD found the RPD committed material errors in its credibility assessment (mischaracterizing discrepancies between documents and testimony, failing to consider explanatory/contextual evidence, misreading a corroborative mosque letter, and ignoring corroborative witness letters) such that the overall adverse credibility finding could not stand; therefore the RPD determination was set aside and the matter was referred to the RPD for redetermination by a different RPD Member under s.111(1)(c).

Citation
VB5-00703
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 September 2015
Procedural Posture
Refugee Protection Appeal (rad) / Decision on Appeal Referral to RPD for Redetermination
Outcome
Appeal allowed; RPD determination set aside and matter referred to the RPD for redetermination by a different RPD Member
Legal Topics
Credibility Assessment, New Evidence (s.110(4)), RAD Hearing (s.110(6)), Referral and Redetermination (s.111(1)(c)), Standard of Deference to RPD Findings
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment New Evidence (s.110(4)) RAD Hearing (s.110(6)) Referral and Redetermination (s.111(1)(c)) Standard of Deference to RPD Findings

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Appeal (rad) / Decision on Appeal Referral to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD erred in adverse credibility findings
  2. 2 Whether the RAD should admit new evidence under s.110(4) and hold a s.110(6) hearing
  3. 3 Whether the RAD should set aside and substitute or refer the RPD decision under s.111(1)(c)

Ratio Decidendi

The RAD found the RPD committed material errors in its credibility assessment (mischaracterizing discrepancies between documents and testimony, failing to consider explanatory/contextual evidence, misreading a corroborative mosque letter, and ignoring corroborative witness letters) such that the overall adverse credibility finding could not stand; therefore the RPD determination was set aside and the matter was referred to the RPD for redetermination by a different RPD Member under s.111(1)(c).

Court Disposition

Appeal allowed; RPD determination set aside and matter referred to the RPD for redetermination by a different RPD Member

Orders

  • The determination of the Refugee Protection Division is set aside.
  • The matter is referred to the Refugee Protection Division for redetermination by a different RPD Member.