MB6-03928

MB6-03928

Pursuant to the Federal Court order the Panel set aside the RPD's no credible basis finding and declined to hold an oral hearing to do so; however, on the merits the Panel upheld the RPD's decision rejecting the refugee claim because the claimant failed to establish a serious possibility of persecution or personal risk on the balance of probabilities.

Citation
MB6-03928
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister; Decision Maker: Refugee Protection Division - Panel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 October 2020
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act) / Redetermination Limited to No Credible Basis Finding Following Federal Court Judicial Review
Outcome
Claim rejected on the merits; RPD's prior finding that the claim had no credible basis is set aside within the narrow scope ordered by the Federal Court.
Legal Topics
No Credible Basis, Credibility Assessment, Remand/redetermination, Access to Administrative Appeal, Procedural Fairness
Source Language
English
Immigration Law Refugee Law Administrative Law Judicial Review No Credible Basis Credibility Assessment Remand/redetermination Access to Administrative Appeal +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Refugee Protection Division - Panel

Decision Maker

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act) / Redetermination Limited to No Credible Basis Finding Following Federal Court Judicial Review

Legal Issues

  1. 1 Whether the RPD erred in finding the claim had no credible basis
  2. 2 Whether the redetermination is limited to the no credible basis finding as ordered by the Federal Court
  3. 3 Whether an oral hearing was required for the redetermination

Ratio Decidendi

Pursuant to the Federal Court order the Panel set aside the RPD's no credible basis finding and declined to hold an oral hearing to do so; however, on the merits the Panel upheld the RPD's decision rejecting the refugee claim because the claimant failed to establish a serious possibility of persecution or personal risk on the balance of probabilities.

Court Disposition

Claim rejected on the merits; RPD's prior finding that the claim had no credible basis is set aside within the narrow scope ordered by the Federal Court.

Orders

  • Claimant's refugee claim is rejected.
  • The RPD's finding that the claim had no credible basis is set aside (redetermination outcome limited to that finding).