TC0-10835

TC0-10835

The RAD found the RPD erred by rejecting the claim solely for lack of corroboration without identifying credibility defects, failing to consider the appellant's explanations and available corroboration, and failing adequately to question and explore central allegations; therefore the appeal is allowed and the matter is remitted to the RPD for redetermination.

Citation
TC0-10835
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 April 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Appeal Allowed and Remitted to RPD for Redetermination
Outcome
Appeal allowed and matter remitted to the Refugee Protection Division for redetermination
Legal Topics
Credibility, Corroboration, New Evidence, Objective Basis, Procedural Fairness, Bias, Remand
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Corroboration New Evidence Objective Basis Procedural Fairness +2 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Appeal Allowed and Remitted to RPD for Redetermination

Legal Issues

  1. 1 Admissibility of new evidence under s.110(4) IRPA
  2. 2 Whether RPD erred by rejecting claim solely for lack of corroboration
  3. 3 Whether RPD failed to consider explanations and available corroboration (mother's letter)

Ratio Decidendi

The RAD found the RPD erred by rejecting the claim solely for lack of corroboration without identifying credibility defects, failing to consider the appellant's explanations and available corroboration, and failing adequately to question and explore central allegations; therefore the appeal is allowed and the matter is remitted to the RPD for redetermination.

Court Disposition

Appeal allowed and matter remitted to the Refugee Protection Division for redetermination

Orders

  • Appeal allowed
  • Matter remitted to the Refugee Protection Division for redetermination