VB9-03946

VB9-03946

The RAD found counsel's failures (inadequate preparation, failure to elicit or present evidence, failure to make submissions) amounted to a denial of procedural fairness; the Quebec Bar complaint is admissible new evidence under s.110(4); because procedural unfairness was determinative the RAD allowed the appeal and referred the matter to the RPD for redetermination by a differently constituted panel under s.111(1)(c).

Citation
VB9-03946
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Counsel for the Minister: N/A
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 January 2021
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division; Referral to RPD for Redetermination by Differently Constituted Panel
Outcome
Appeal allowed; matter referred to the Refugee Protection Division for redetermination by a differently constituted panel
Legal Topics
Procedural Fairness, Ineffective Assistance of Counsel, Credibility Assessment, Internal Flight Alternative, Admissibility of New Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Ineffective Assistance of Counsel Credibility Assessment Internal Flight Alternative Admissibility of New Evidence

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 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Designated Representative

N/A

Counsel for the Minister

Procedural Posture

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

Legal Issues

  1. 1 Whether counsel's incompetence denied the Appellants procedural fairness and natural justice
  2. 2 Whether new evidence (complaint to the Quebec Bar) is admissible on appeal under s.110(4) IRPA and Singh
  3. 3 Whether RPD's credibility findings should be deferred to or reviewed on correctness standard

Ratio Decidendi

The RAD found counsel's failures (inadequate preparation, failure to elicit or present evidence, failure to make submissions) amounted to a denial of procedural fairness; the Quebec Bar complaint is admissible new evidence under s.110(4); because procedural unfairness was determinative the RAD allowed the appeal and referred the matter to the RPD for redetermination by a differently constituted panel under s.111(1)(c).

Court Disposition

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

Orders

  • Appeal allowed pursuant to s.111(1)(c) IRPA and matter referred to the RPD for redetermination by a differently constituted panel
  • New evidence (including the Quebec Bar complaint) to be considered by the differently constituted RPD; no oral hearing convened by RAD