TB6-07230

TB6-07230

The RAD found that the RPD erred in its state protection analysis by failing to assess the Appellants' individual circumstances and to adequately articulate credibility findings relevant to operational state protection; therefore the RPD decision must be set aside and the matter referred back to the RPD for redetermination by a differently-constituted panel pursuant to subsection 111(1)(c) IRPA.

Citation
TB6-07230
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXXXXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 September 2016
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / RAD Decision to Allow Appeal and Refer Matter Back to RPD for Re Determination by a Differently Constituted Panel
Outcome
Appeal allowed; RPD decision set aside; matter referred back to the RPD for re-determination by a differently-constituted panel pursuant to subsection 111(1)(c) of the IRPA
Legal Topics
State Protection, Domestic Violence, Credibility Assessment, Exhaustion of Domestic Remedies, Standard of Review, Referral for Redetermination
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Domestic Violence Credibility Assessment Exhaustion of Domestic Remedies Standard of Review +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXXXXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / RAD Decision to Allow Appeal and Refer Matter Back to RPD for Re Determination by a Differently Constituted Panel

Legal Issues

  1. 1 Whether adequate state protection would be reasonably forthcoming in Ireland for the Principal Appellant and Minor Appellants
  2. 2 Whether the RPD properly assessed exhaustion of domestic remedies by a domestic violence victim
  3. 3 Whether the RPD adequately assessed and articulated credibility findings relevant to state protection

Ratio Decidendi

The RAD found that the RPD erred in its state protection analysis by failing to assess the Appellants' individual circumstances and to adequately articulate credibility findings relevant to operational state protection; therefore the RPD decision must be set aside and the matter referred back to the RPD for redetermination by a differently-constituted panel pursuant to subsection 111(1)(c) IRPA.

Court Disposition

Appeal allowed; RPD decision set aside; matter referred back to the RPD for re-determination by a differently-constituted panel pursuant to subsection 111(1)(c) of the IRPA

Orders

  • Appeal allowed
  • Decision of the Refugee Protection Division set aside