TC0-08630

TC0-08630

The interpreter audit affidavit demonstrates material interpretation errors and significant cumulative mistranslations and omissions that caused the RPD to draw adverse credibility findings; the affidavit is new and could not reasonably have been presented earlier; a breach of procedural fairness occurred that cannot be remedied on appeal; the RPD decision is set aside and the matter is remitted to the RPD for redetermination before a differently constituted panel.

Citation
TC0-08630
Parties
Principal Appellant: XXXX XXXX XXXX; Children Appellants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 March 2021
Procedural Posture
Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Decision by Refugee Appeal Division Allowing Appeal and Remitting to RPD for Redetermination
Outcome
Appeal allowed; RPD decision set aside and matter remitted to RPD for redetermination before a differently constituted panel
Legal Topics
Credibility Findings, Interpretation Errors, Admissibility of New Evidence, Remand/referral, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Interpretation Law Credibility Findings Interpretation Errors Admissibility of New Evidence +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Children Appellants

XXXX XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Decision by Refugee Appeal Division Allowing Appeal and Remitting to RPD for Redetermination

Legal Issues

  1. 1 Whether interpretation errors at the RPD hearing breached procedural fairness
  2. 2 Whether the interpreter audit affidavit constitutes new evidence admissible under s.110(4) IRPA
  3. 3 Whether the RAD should set aside the RPD decision and remit the matter for redetermination

Ratio Decidendi

The interpreter audit affidavit demonstrates material interpretation errors and significant cumulative mistranslations and omissions that caused the RPD to draw adverse credibility findings; the affidavit is new and could not reasonably have been presented earlier; a breach of procedural fairness occurred that cannot be remedied on appeal; the RPD decision is set aside and the matter is remitted to the RPD for redetermination before a differently constituted panel.

Court Disposition

Appeal allowed; RPD decision set aside and matter remitted to RPD for redetermination before a differently constituted panel

Orders

  • Allow the appeal pursuant to section 111(1)(c) of the IRPA
  • Admit the affidavit and interpretation audit (item i) as new evidence