TB6-01303

TB6-01303

The RPD committed an error of law by failing to assess the cumulative effect of the Appellants' discriminatory experiences; the record lacked sufficient corroboration and unresolved credibility issues that prevent the RAD from making a definitive finding, therefore under ss.111(1)(c) and 111(2)(b) IRPA the appeal is allowed and the matter is referred back to the RPD for redetermination by a differently constituted panel.

Citation
TB6-01303
Parties
Appellant: Principal Appellant (name redacted); Appellant: Female Appellant (name redacted); Appellant Minor: Minor Appellant (son) (name redacted); Appellant Minor: Minor Appellant (daughter) (name redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 May 2016
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / RAD Decision to Allow Appeal and Refer Matter to RPD for Redetermination
Outcome
Appeal allowed; matter referred to the Refugee Protection Division for redetermination by a differently constituted panel
Legal Topics
Persecution, Cumulative Assessment of Discriminatory Acts, Credibility and Corroboration, State Protection, Internal Flight Alternative, New Evidence Admissibility, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Persecution Cumulative Assessment of Discriminatory Acts Credibility and Corroboration State Protection Internal Flight Alternative +2 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 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Principal Appellant (name redacted)

Appellant

Female Appellant (name redacted)

Appellant

Minor Appellant (son) (name redacted)

Appellant Minor

Minor Appellant (daughter) (name redacted)

Appellant Minor

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / RAD Decision to Allow Appeal and Refer Matter to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD erred by failing to assess the cumulative effect of discriminatory acts and incidents
  2. 2 Whether the discrimination and assaults experienced amounted to persecution
  3. 3 Whether new evidence was properly identified and admissible

Ratio Decidendi

The RPD committed an error of law by failing to assess the cumulative effect of the Appellants' discriminatory experiences; the record lacked sufficient corroboration and unresolved credibility issues that prevent the RAD from making a definitive finding, therefore under ss.111(1)(c) and 111(2)(b) IRPA the appeal is allowed and the matter is referred back to the RPD for redetermination by a differently constituted panel.

Court Disposition

Appeal allowed; matter referred to the Refugee Protection Division for redetermination by a differently constituted panel

Orders

  • Appeal allowed
  • Matter referred to the Refugee Protection Division for redetermination pursuant to ss.111(1)(c) and 111(2)(b) of the Immigration and Refugee Protection Act