MB4-04809

MB4-04809

The RAD concluded the RPD made determinative errors in its credibility assessment (failed to analyze testimony on the alleged march, improperly characterized testimony about parents' ability to pay, and relied on speculation); because the errors affect essential aspects of the claim and the RAD cannot substitute a new determination without hearing the evidence presented to the RPD, the RAD set aside the RPD decision and referred the matter to the RPD for redetermination by a differently constituted panel under s.111(1) and (2) IRPA.

Citation
MB4-04809
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 May 2015
Procedural Posture
Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division; RAD Set Aside RPD Decision and Referred Matter to RPD for Redetermination by a Differently Constituted Panel
Outcome
Appeal allowed; RPD determination set aside and matter referred to the RPD for redetermination by a differently constituted panel
Legal Topics
Credibility Assessment, Standard of Intervention by RAD, Referral for Redetermination Under S.111 IRPA, Evidence and Corroboration
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Standard of Intervention by RAD Referral for Redetermination Under S.111 IRPA Evidence and Corroboration

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Parties

XXXX XXXX XXXX

Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division; RAD Set Aside RPD Decision and Referred Matter to RPD for Redetermination by a Differently Constituted Panel

Legal Issues

  1. 1 Whether the RPD erred in its assessment of the appellant's credibility
  2. 2 Whether the RAD may substitute its determination or must refer the matter for redetermination
  3. 3 What standard of intervention the RAD must apply when reviewing RPD findings

Ratio Decidendi

The RAD concluded the RPD made determinative errors in its credibility assessment (failed to analyze testimony on the alleged march, improperly characterized testimony about parents' ability to pay, and relied on speculation); because the errors affect essential aspects of the claim and the RAD cannot substitute a new determination without hearing the evidence presented to the RPD, the RAD set aside the RPD decision and referred the matter to the RPD for redetermination by a differently constituted panel under s.111(1) and (2) IRPA.

Court Disposition

Appeal allowed; RPD determination set aside and matter referred to the RPD for redetermination by a differently constituted panel

Orders

  • Set aside the RPD determination dated October 21, 2014
  • Refer the matter to the Refugee Protection Division for redetermination by a differently constituted panel