VB8-01757

VB8-01757

RAD allowed the appeal because the RPD breached the RAD's direction and procedural fairness by conducting a de novo credibility assessment without notice, relying on that assessment in rejecting the claims; new medical evidence admitted under s.110(4) IRPA; matter referred back to a differently constituted RPD panel for redetermination limited to IFA and state protection.

Citation
VB8-01757
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 January 2019
Procedural Posture
Refugee Appeal Under IRPA / Appeal to RAD After Second RPD Decision; Referral to RPD for Redetermination
Outcome
Appeal allowed; matter referred to RPD for redetermination by a differently constituted panel
Legal Topics
Procedural Fairness, Natural Justice, Internal Flight Alternative, State Protection, Credibility, Judicial Directions
Source Language
English
Immigration Refugee Law Administrative Law Procedural Fairness Natural Justice Internal Flight Alternative State Protection Credibility +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal Under IRPA / Appeal to RAD After Second RPD Decision; Referral to RPD for Redetermination

Legal Issues

  1. 1 Whether RPD breached RAD directions by conducting de novo credibility assessment
  2. 2 Whether there was a breach of procedural fairness / natural justice at the RPD hearing
  3. 3 Admissibility of new medical evidence under s.110(4) IRPA

Ratio Decidendi

RAD allowed the appeal because the RPD breached the RAD's direction and procedural fairness by conducting a de novo credibility assessment without notice, relying on that assessment in rejecting the claims; new medical evidence admitted under s.110(4) IRPA; matter referred back to a differently constituted RPD panel for redetermination limited to IFA and state protection.

Court Disposition

Appeal allowed; matter referred to RPD for redetermination by a differently constituted panel

Orders

  • Refer matter to RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA
  • Redetermination restricted solely to whether claimants have an internal flight alternative and/or state protection