TB9-31498

TB9-31498

The RPD breached procedural fairness by failing to notify the appellants that change in country conditions was a potentially determinative issue; that breach materially tainted the RPD's adverse credibility findings and wholesale dismissal of corroborative documents, and accordingly the RAD allowed the appeal and referred the matter back to the RPD for redetermination by a differently constituted panel under s.111(1)(c) IRPA.

Citation
TB9-31498
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 February 2020
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision Allowing Appeal and Referring Matter Back to RPD for Redetermination
Outcome
Appeal allowed
Legal Topics
Procedural Fairness, Change in Country Conditions, Credibility Assessment, Corroborative Evidence, Referral for Redetermination
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Change in Country Conditions Credibility Assessment Corroborative Evidence Referral for Redetermination

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Minor Appellants

Minister

Respondent

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision Allowing Appeal and Referring Matter Back to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD breached procedural fairness by failing to notify appellants that change in country conditions was a potentially determinative issue
  2. 2 Whether the RPD made reviewable errors in credibility findings
  3. 3 Whether the RPD improperly dismissed corroborative documents for lack of security features without engaging with their contents

Ratio Decidendi

The RPD breached procedural fairness by failing to notify the appellants that change in country conditions was a potentially determinative issue; that breach materially tainted the RPD's adverse credibility findings and wholesale dismissal of corroborative documents, and accordingly the RAD allowed the appeal and referred the matter back to the RPD for redetermination by a differently constituted panel under s.111(1)(c) IRPA.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed; matter referred to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to paragraph 111(1)(c) of the Immigration and Refugee Protection Act