TB8-29746

TB8-29746

The appeal is allowed because the RPD member's conduct produced a reasonable appearance of bias and procedural unfairness and the credibility rejection was tainted by those procedural defects; the proper remedy is to set aside the RPD decision and refer the refugee protection claims for a de novo hearing by a different member with directions to apply Guideline 4 and consider updated evidence regarding the appellant's relationship and protection in Lebanon and Tunisia.

Citation
TB8-29746
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXXXXXX XXXX; Designated Representative: XXXX XXXX; Counsel for the Minister: N/A
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 July 2020
Procedural Posture
Refugee Protection Appeal / Appeal Decision by Refugee Appeal Division (reasons for Decision)
Outcome
Appeal allowed; RPD determination set aside and matter referred to the RPD for a de novo hearing by a different member
Legal Topics
Procedural Fairness, Appearance of Bias, Credibility Assessment, Gender Based Persecution, Remedy: Referral for Re Hearing
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Appearance of Bias Credibility Assessment Gender Based Persecution Remedy: Referral for Re Hearing

Case Brief

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Parties

XXXX XXXX XXXXXXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

XXXX XXXX

Designated Representative

N/A

Counsel for the Minister

Procedural Posture

Refugee Protection Appeal / Appeal Decision by Refugee Appeal Division (reasons for Decision)

Legal Issues

  1. 1 Whether the RPD breached principles of procedural fairness by creating an appearance of bias
  2. 2 Whether the RPD erred in its credibility assessment of the appellant
  3. 3 Whether the appropriate remedy is to set aside the RPD decision and refer for a new hearing

Ratio Decidendi

The appeal is allowed because the RPD member's conduct produced a reasonable appearance of bias and procedural unfairness and the credibility rejection was tainted by those procedural defects; the proper remedy is to set aside the RPD decision and refer the refugee protection claims for a de novo hearing by a different member with directions to apply Guideline 4 and consider updated evidence regarding the appellant's relationship and protection in Lebanon and Tunisia.

Court Disposition

Appeal allowed; RPD determination set aside and matter referred to the RPD for a de novo hearing by a different member

Orders

  • Set aside the Refugee Protection Division's determination dated October 5, 2018
  • Refer the appellant's refugee protection claims to the RPD for a de novo hearing by a different member