MB7-00638

MB7-00638

Having reviewed the transcript, the RAD found the interpreter's performance was adequate and the RPD ensured the appellant understood the proceedings; there was no breach of procedural fairness and no new evidence to warrant a re-hearing, therefore the RPD decision and credibility finding stand.

Citation
MB7-00638
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 July 2018
Procedural Posture
Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division (decision Rendered)
Outcome
Appeal dismissed; RPD determination confirmed.
Legal Topics
Procedural Fairness, Interpreter/translation Adequacy, Credibility Assessment, Refugee Status Determination, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Constitutional Law Procedural Fairness Interpreter/translation Adequacy Credibility Assessment Refugee Status Determination +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division (decision Rendered)

Legal Issues

  1. 1 Whether the RPD breached procedural fairness by refusing to adjourn to allow the appellant to rewrite her Basis of Claim with a new interpreter
  2. 2 Whether poor quality of interpretation rendered the RPD decision unfair or unreliable
  3. 3 Whether the RAD should admit new evidence or order a new hearing

Ratio Decidendi

Having reviewed the transcript, the RAD found the interpreter's performance was adequate and the RPD ensured the appellant understood the proceedings; there was no breach of procedural fairness and no new evidence to warrant a re-hearing, therefore the RPD decision and credibility finding stand.

Court Disposition

Appeal dismissed; RPD determination confirmed.

Orders

  • Appeal dismissed under subsection 111(1) of the IRPA
  • The RPD determination that the appellant is not a Convention refugee under section 96 and not a person in need of protection under section 97 of the IRPA is confirmed