TB9-32990

TB9-32990

The RPD decision is quashed because serious breaches of natural justice occurred: the panel failed to ensure adequate interpretation and failed to accommodate two partially deaf elderly appellants and their unrepresented status, producing an unfair hearing; accordingly the RAD referred the matter to the RPD for redetermination by a differently constituted panel and ordered that the prior RPD record not be disclosed or relied upon, with a pre-hearing conference to address interpretation, deafness and disclosure issues.

Citation
TB9-32990
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 January 2020
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division / Decision on Appeal (rad Allowed; Remitted to Rpd)
Outcome
Appeal allowed; RPD decision quashed and matter referred to the RPD for redetermination by a differently constituted panel.
Legal Topics
Natural Justice, Interpretation Services, Credibility, Admission of Evidence, Remittal, Procedural Fairness, Land Expropriation
Source Language
English
Immigration Law Refugee Law Administrative Law Evidentiary Law Natural Justice Interpretation Services Credibility Admission of Evidence +3 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal to the Refugee Appeal Division / Decision on Appeal (rad Allowed; Remitted to Rpd)

Legal Issues

  1. 1 Whether the RPD breached natural justice by failing to ensure adequate interpretation and accommodation for partially deaf elderly appellants
  2. 2 Whether the RPD erred in excluding corroborating documents and treating them as new evidence under Rule 11
  3. 3 Whether adverse credibility inferences were properly drawn given miscommunications and unrepresented appellants

Ratio Decidendi

The RPD decision is quashed because serious breaches of natural justice occurred: the panel failed to ensure adequate interpretation and failed to accommodate two partially deaf elderly appellants and their unrepresented status, producing an unfair hearing; accordingly the RAD referred the matter to the RPD for redetermination by a differently constituted panel and ordered that the prior RPD record not be disclosed or relied upon, with a pre-hearing conference to address interpretation, deafness and disclosure issues.

Court Disposition

Appeal allowed; RPD decision quashed and matter referred to the RPD for redetermination by a differently constituted panel.

Orders

  • Refer the matter to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to paragraph 111(1)(c) of the IRPA
  • The audio recording, transcript (if available) of the hearing and the RPD's reasons shall not be disclosed to or relied on by the new panel