TB8-14557

TB8-14557

The RAD concluded the RPD erred in its credibility assessment but the determinative issue is whether the appellants could safely relocate elsewhere in Lebanon; because that issue was not meaningfully addressed by the RPD the proper remedy is to grant the appeal and remit the file to the RPD for re-examination by a new panel pursuant to s.111(1) IRPA.

Citation
TB8-14557
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Applicants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 February 2020
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Decision on Appeal; Remitted to Refugee Protection Division (rpd) for Re Examination by a New Panel
Outcome
Appeal granted; case returned to the Refugee Protection Division for re-examination by a new panel pursuant to subsection 111(1) IRPA.
Legal Topics
Credibility Assessment, Internal Flight Alternative, Remittal to Tribunal, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Remittal to Tribunal Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Minor Applicants

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Decision on Appeal; Remitted to Refugee Protection Division (rpd) for Re Examination by a New Panel

Legal Issues

  1. 1 Whether the RPD erred in its adverse credibility finding
  2. 2 Whether the appellant and family can safely relocate elsewhere in Lebanon (internal flight alternative)
  3. 3 Whether the RAD should grant the appeal or remit the matter to the RPD

Ratio Decidendi

The RAD concluded the RPD erred in its credibility assessment but the determinative issue is whether the appellants could safely relocate elsewhere in Lebanon; because that issue was not meaningfully addressed by the RPD the proper remedy is to grant the appeal and remit the file to the RPD for re-examination by a new panel pursuant to s.111(1) IRPA.

Court Disposition

Appeal granted; case returned to the Refugee Protection Division for re-examination by a new panel pursuant to subsection 111(1) IRPA.

Orders

  • Appeal granted.
  • File returned to the Refugee Protection Division for re-examination by a new panel.