MC0-05242

MC0-05242

The appeal is allowed and remitted because the lack of a recording of the RPD hearing combined with the Appellants' unrepresented status at the RPD created an inadequate record to assess the RPD's adverse credibility findings and unresolved issues regarding internal flight alternative and state protection; accordingly a differently constituted RPD must redetermine the claims with the admitted new evidence taken into account.

Citation
MC0-05242
Parties
Principal Appellant (husband, Father): XXXX XXXX; Associate Appellant (wife, Mother): XXXX; Minor Associate Appellants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Remitted to Refugee Protection Division for Redetermination by a Differently Constituted Panel
Outcome
Appeal allowed; matter remitted to the Refugee Protection Division to be redetermined by a differently constituted panel.
Legal Topics
Refugee Protection, Credibility Findings, New Evidence, Internal Flight Alternative, State Protection, Honour Crimes, Remand to Lower Tribunal
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Credibility Findings New Evidence Internal Flight Alternative State Protection +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant (husband, Father)

XXXX

Associate Appellant (wife, Mother)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Minor Associate Appellants

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Remitted to Refugee Protection Division for Redetermination by a Differently Constituted Panel

Legal Issues

  1. 1 Whether the Appellants face a forward‑looking risk to life or risk of cruel and unusual treatment pursuant to s.97 IRPA
  2. 2 Whether the RPD's adverse credibility findings were supportable on the record where there is no recording of the hearing
  3. 3 Admissibility and weight of new evidence on appeal under s.110(4) IRPA

Ratio Decidendi

The appeal is allowed and remitted because the lack of a recording of the RPD hearing combined with the Appellants' unrepresented status at the RPD created an inadequate record to assess the RPD's adverse credibility findings and unresolved issues regarding internal flight alternative and state protection; accordingly a differently constituted RPD must redetermine the claims with the admitted new evidence taken into account.

Court Disposition

Appeal allowed; matter remitted to the Refugee Protection Division to be redetermined by a differently constituted panel.

Orders

  • The appeal is allowed and the matter is sent back to the Refugee Protection Division for redetermination by a differently constituted panel