TB4-08995

TB4-08995

The RAD found significant legal errors in the RPD's reasoning (failure to consider passports and other documentary evidence on identity; flawed logic in equating lack of past harm with absence of activist status; inadequate engagement with late disclosure of sexual orientation) and inadequate explanation for disregarding evidence, and therefore set aside the RPD decision and referred the matter to the RPD for redetermination by a differently constituted panel; new evidence submitted on appeal was ruled inadmissible as not material to resolve the identity issues and therefore not capable of justifying a disposition under s.111 IRPA on appeal.

Citation
TB4-08995
Parties
Appellant: Principal Appellant (name redacted); Appellant Child: Minor Appellant (child) (name redacted); Associated Appellant: Associated Appellant (sister) (name redacted); Appellant Child: Associated Appellant's daughter (name redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 February 2015
Procedural Posture
Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division; Referred to Refugee Protection Division for Redetermination by Differently Constituted Panel
Outcome
Appeal allowed in part; RPD decision set aside and matter referred to RPD for redetermination by a differently constituted panel
Legal Topics
Refugee Protection, Identity Verification, Credibility Assessment, Admissibility of New Evidence on Appeal, Standard of Review and Remit
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Identity Verification Credibility Assessment Admissibility of New Evidence on Appeal Standard of Review and Remit

Case Brief

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Parties

Principal Appellant (name redacted)

Appellant

Minor Appellant (child) (name redacted)

Appellant Child

Associated Appellant (sister) (name redacted)

Associated Appellant

Associated Appellant's daughter (name redacted)

Appellant Child

Procedural Posture

Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division; Referred to Refugee Protection Division for Redetermination by Differently Constituted Panel

Legal Issues

  1. 1 Whether RPD erred in assessing identity of appellants
  2. 2 Whether RPD erred in credibility findings regarding principal appellant's sexual orientation and activism
  3. 3 Whether new evidence submitted on appeal is admissible under s.110(4) IRPA

Ratio Decidendi

The RAD found significant legal errors in the RPD's reasoning (failure to consider passports and other documentary evidence on identity; flawed logic in equating lack of past harm with absence of activist status; inadequate engagement with late disclosure of sexual orientation) and inadequate explanation for disregarding evidence, and therefore set aside the RPD decision and referred the matter to the RPD for redetermination by a differently constituted panel; new evidence submitted on appeal was ruled inadmissible as not material to resolve the identity issues and therefore not capable of justifying a disposition under s.111 IRPA on appeal.

Court Disposition

Appeal allowed in part; RPD decision set aside and matter referred to RPD for redetermination by a differently constituted panel

Orders

  • Refer matter to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to IRPA s.111(1)(c)
  • Direct RPD to appoint an independent designated representative for the minor appellants