TB4-07548

TB4-07548

Because the RPD failed to address CBSA‑seized items on the record that critically undermined the credibility of the respondents' documentary evidence and failed to question the respondents about those items, the RAD set aside the RPD decision under IRPA s.111(1)(c), denied admission of the Minister's proffered 'new evidence' as new, denied an oral hearing, and referred the matter to the RPD for redetermination by a differently‑constituted panel.

Citation
TB4-07548
Parties
Principal Respondent: XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX; Associate Respondent (wife): XXXX XXXX XXXX; Minor Respondent: XXXX XXXX XXXX; Appellant (minister): Minister of Citizenship and Immigration (Appellant)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 December 2014
Procedural Posture
Refugee Appeal (immigration and Refugee Protection Act) / Appeal to Refugee Appeal Division; Decision on Appeal and Referral to RPD for Redetermination
Outcome
Appeal allowed; RPD decision set aside and matter referred to the Refugee Protection Division for redetermination by a differently‑constituted panel.
Legal Topics
Refugee Determination, Credibility Assessment, Admissibility of Evidence, Standard of Review, Remedies and Referral, Oral Hearing Request
Source Language
English
Immigration Law Refugee Protection Administrative Law Evidence Law Refugee Determination Credibility Assessment Admissibility of Evidence Standard of Review +2 more

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX

Principal Respondent

XXXX XXXX XXXX

Associate Respondent (wife)

XXXX XXXX XXXX

Minor Respondent

Minister of Citizenship and Immigration (Appellant)

Appellant (minister)

Procedural Posture

Refugee Appeal (immigration and Refugee Protection Act) / Appeal to Refugee Appeal Division; Decision on Appeal and Referral to RPD for Redetermination

Legal Issues

  1. 1 whether RAD may admit evidence characterized as new when it is already on the RPD record
  2. 2 whether an oral hearing was required under s.110(6) IRPA
  3. 3 whether the RPD erred by failing to address CBSA‑seized items that bear on documentary credibility

Ratio Decidendi

Because the RPD failed to address CBSA‑seized items on the record that critically undermined the credibility of the respondents' documentary evidence and failed to question the respondents about those items, the RAD set aside the RPD decision under IRPA s.111(1)(c), denied admission of the Minister's proffered 'new evidence' as new, denied an oral hearing, and referred the matter to the RPD for redetermination by a differently‑constituted panel.

Court Disposition

Appeal allowed; RPD decision set aside and matter referred to the Refugee Protection Division for redetermination by a differently‑constituted panel.

Orders

  • Set aside the Refugee Protection Division determination
  • Do not admit the Appellant's proffered items as new evidence