MB8-04255

MB8-04255

The RPD's decision was set aside because it failed to explain the probative value of key documentary exhibits and their impact on credibility and the claims; given those unexplained evidentiary deficiencies the RAD conducted an independent assessment and remitted the files to the RPD for rehearing by a different panel.

Citation
MB8-04255
Parties
Appellant (male): XXXX XXXX XXXX XXXX; Appellant (female): XXXX XXXX XXXX; Claimants (minors): Three minor children (named in file); Respondent: Refugee Protection Division
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 November 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal; RPD Decision Set Aside and Matter Remitted to RPD for Rehearing by a Different Panel
Outcome
Appeal allowed; RPD decision set aside and matter remitted to the RPD for rehearing by a different panel
Legal Topics
Credibility Assessment, Co Lactation / Milk Kinship, Risk of Persecution, Remittal for Rehearing
Source Language
English
Immigration Refugee Law Administrative Law Family Law Credibility Assessment Co Lactation / Milk Kinship Risk of Persecution Remittal for Rehearing

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Parties

XXXX XXXX XXXX XXXX

Appellant (male)

XXXX XXXX XXXX

Appellant (female)

Three minor children (named in file)

Claimants (minors)

Refugee Protection Division

Respondent

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal; RPD Decision Set Aside and Matter Remitted to RPD for Rehearing by a Different Panel

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the appellants' testimony
  2. 2 Whether discovery of co-lactation (milk kinship) in Mauritania creates a real risk of persecution or compulsion to divorce
  3. 3 Whether the RPD adequately assessed and explained the probative value of documentary evidence

Ratio Decidendi

The RPD's decision was set aside because it failed to explain the probative value of key documentary exhibits and their impact on credibility and the claims; given those unexplained evidentiary deficiencies the RAD conducted an independent assessment and remitted the files to the RPD for rehearing by a different panel.

Court Disposition

Appeal allowed; RPD decision set aside and matter remitted to the RPD for rehearing by a different panel

Orders

  • The RPD determination that the appellants are not refugees or persons in need of protection is set aside.
  • The file is returned to the Refugee Protection Division for the claims to be examined by a different panel.