MB9-10706

MB9-10706

The RPD erred by failing to adjourn after counsel withdrew mid-hearing which amounted to a denial of natural justice given the appellants' vulnerability; furthermore the RPD's adverse credibility findings were not supported by the record and the presumption of truthfulness was not rebutted; accordingly the RAD set aside the RPD decision and recognized the appellants as persons in need of protection under s.97 IRPA.

Citation
MB9-10706
Parties
Appellant Female: XXXX XXXX XXXX; Appellant Male: XXXX XXXX; Appellant Minor Son: XXXX XXXX XXXX; Appellant Minor Daughter: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 March 2020
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal Allowed; RPD Decision Set Aside
Outcome
Appeals allowed; RPD decision set aside; appellants recognized as persons in need of protection under section 97 of the Immigration and Refugee Protection Act
Legal Topics
Natural Justice, Credibility Assessment, Vulnerable Persons, Adjournment, Female Genital Mutilation, Procedural Fairness
Source Language
English
Immigration Law Refugee Protection Administrative Law Natural Justice Credibility Assessment Vulnerable Persons Adjournment Female Genital Mutilation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Appellant Female

XXXX XXXX

Appellant Male

XXXX XXXX XXXX

Appellant Minor Son

XXXX XXXX XXXX

Appellant Minor Daughter

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal Allowed; RPD Decision Set Aside

Legal Issues

  1. 1 Whether the RPD should have adjourned the hearing when counsel withdrew mid-hearing
  2. 2 Whether the RPD erred in its credibility assessment of the appellants

Ratio Decidendi

The RPD erred by failing to adjourn after counsel withdrew mid-hearing which amounted to a denial of natural justice given the appellants' vulnerability; furthermore the RPD's adverse credibility findings were not supported by the record and the presumption of truthfulness was not rebutted; accordingly the RAD set aside the RPD decision and recognized the appellants as persons in need of protection under s.97 IRPA.

Court Disposition

Appeals allowed; RPD decision set aside; appellants recognized as persons in need of protection under section 97 of the Immigration and Refugee Protection Act

Orders

  • Appeals allowed
  • RPD decision set aside