TC0-10313

TC0-10313

The appeal is allowed and the matter is referred back to the RPD for redetermination because the RPD failed to question and test the central allegations (threats from a cartel member and an attempted shooting) that led the family to flee, preventing a proper credibility assessment and requiring a new hearing by a differently constituted panel.

Citation
TC0-10313
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Eldest Minor Appellant: XXXX XXXX XXXX; Youngest Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 December 2020
Procedural Posture
Refugee Appeal (refugee Protection Division Decision Appealed to Refugee Appeal Division) / Decision on Appeal; Matter Referred Back to the RPD for Redetermination by a Differently Constituted Panel
Outcome
Appeal allowed; matter referred back to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to IRPA s.111(1)(c).
Legal Topics
Referral for Redetermination, Credibility Assessment, Procedural Fairness, Failure to Test Central Allegations
Source Language
English
Immigration Refugee Law Administrative Law Evidence Referral for Redetermination Credibility Assessment Procedural Fairness Failure to Test Central Allegations

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Eldest Minor Appellant

XXXX XXXX XXXX XXXX

Youngest Minor Appellant

Procedural Posture

Refugee Appeal (refugee Protection Division Decision Appealed to Refugee Appeal Division) / Decision on Appeal; Matter Referred Back to the RPD for Redetermination by a Differently Constituted Panel

Legal Issues

  1. 1 Whether the RPD erred by failing to question and test the central allegations (threats and attempted shooting) that led to flight from Mexico
  2. 2 Whether the RPD made appropriate credibility findings regarding bullying, injuries and interactions with police
  3. 3 Whether the proper remedy is substitution of decision or referral back to the RPD

Ratio Decidendi

The appeal is allowed and the matter is referred back to the RPD for redetermination because the RPD failed to question and test the central allegations (threats from a cartel member and an attempted shooting) that led the family to flee, preventing a proper credibility assessment and requiring a new hearing by a differently constituted panel.

Court Disposition

Appeal allowed; matter referred back to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to IRPA s.111(1)(c).

Orders

  • Appeal allowed.
  • Pursuant to paragraph 111(1)(c) of the Immigration and Refugee Protection Act, the matter is sent back to the RPD to be redetermined by a differently constituted panel.