TB7-10743

TB7-10743

Because unresolved credibility concerns and the untested reliability of a key Crime Diary extract prevented a lawful substitution of the RPD decision, the RAD must allow the appeals and remit the matters to the RPD for redetermination by a differently constituted panel under s.111 IRPA.

Citation
TB7-10743
Parties
Principal Appellant: XXXX XXXX XXXX; First Male Minor Appellant: XXXX XXXX XXXX; Second Male Minor Appellant: XXXX XXXX XXXX; Female Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 September 2019
Procedural Posture
Refugee Appeal Redetermination Under IRPA / Appeal to Refugee Appeal Division Allowed and Remitted to RPD for Redetermination
Outcome
Appeals allowed and referred back to the Refugee Protection Division for redetermination by a differently constituted panel
Legal Topics
Credibility Assessment, Redetermination, Female Genital Mutilation, Internal Flight Alternative, New Evidence, Judicial Review, Crime Diary Reliability
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Redetermination Female Genital Mutilation Internal Flight Alternative New Evidence +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

First Male Minor Appellant

XXXX XXXX XXXX

Second Male Minor Appellant

XXXX XXXX XXXX

Female Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal Redetermination Under IRPA / Appeal to Refugee Appeal Division Allowed and Remitted to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD erred in finding the Principal Appellant not credible
  2. 2 Whether the reliability of the Crime Diary extract was adequately investigated
  3. 3 Whether an internal flight alternative was properly assessed

Ratio Decidendi

Because unresolved credibility concerns and the untested reliability of a key Crime Diary extract prevented a lawful substitution of the RPD decision, the RAD must allow the appeals and remit the matters to the RPD for redetermination by a differently constituted panel under s.111 IRPA.

Court Disposition

Appeals allowed and referred back to the Refugee Protection Division for redetermination by a differently constituted panel

Orders

  • Allow the appeals and refer the matters to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) of the IRPA
  • No oral hearing is to be held at the RAD in this matter