TC0-05136

TC0-05136

The appeal is allowed and remitted to the RPD for redetermination by a differently constituted panel because the RPD hearing record/transcript contains numerous inaudible passages and an incoherent recording, rendering the record inadequate for the RAD to make determinations on the central, determinative issues of credibility and internal flight alternative; certain new evidence met s.110(4)/Rule 29 admissibility and must be considered by the RPD along with the full record.

Citation
TC0-05136
Parties
Appellant Principal: XXXX XXXX XXXX; Appellant Minor: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 February 2021
Procedural Posture
Refugee Protection Appeal / RAD Decision (appeal Allowed; Remitted to RPD for Redetermination)
Outcome
Appeal allowed; remitted to the Refugee Protection Division for redetermination by a differently constituted panel.
Legal Topics
Credibility Assessment, Female Genital Mutilation (fgm), Procedural Fairness, New Evidence (rule 29, S.110(4) Irpa), Transcript/recording Sufficiency, Internal Flight Alternative (ifa)
Source Language
English
Immigration and Refugee Law Administrative Law Credibility Assessment Female Genital Mutilation (fgm) Procedural Fairness New Evidence (rule 29, S.110(4) Irpa) Transcript/recording Sufficiency Internal Flight Alternative (ifa)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX

Appellant Principal

XXXX XXXX XXXX

Appellant Minor

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / RAD Decision (appeal Allowed; Remitted to RPD for Redetermination)

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment
  2. 2 Whether the RPD hearing record/transcript is sufficiently complete for RAD review (procedural fairness)
  3. 3 Admissibility of new evidence under s.110(4) IRPA and Rule 29

Ratio Decidendi

The appeal is allowed and remitted to the RPD for redetermination by a differently constituted panel because the RPD hearing record/transcript contains numerous inaudible passages and an incoherent recording, rendering the record inadequate for the RAD to make determinations on the central, determinative issues of credibility and internal flight alternative; certain new evidence met s.110(4)/Rule 29 admissibility and must be considered by the RPD along with the full record.

Court Disposition

Appeal allowed; remitted to the Refugee Protection Division for redetermination by a differently constituted panel.

Orders

  • Appeal allowed.
  • Matter referred to the RPD for redetermination pursuant to s.111(1)(c) IRPA by a differently constituted panel.