TB7-11914

TB7-11914

On the full record, including the Minister's evidence and the Appellants' own humanitarian and compassionate application admitting Spanish citizenship, the RAD found the Appellants' personal and national identities established as Spanish citizens, admitted the new evidence, allowed the appeal in part and, because the RAD could not properly assess newly raised allegations of risk in Spain within its limited scope, referred the matter back to the RPD for redetermination by a differently constituted panel.

Citation
TB7-11914
Parties
Principal Appellant: XXXX XXXX; Minor Appellants: XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX; Respondent: Richard Long; Designated Representative: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 December 2020
Procedural Posture
Refugee Protection Appeal Redetermination / RAD Decision on Redetermination; Referral to RPD for Reconsideration
Outcome
Appeal allowed in part; matter referred to the Refugee Protection Division for redetermination by a differently constituted panel
Legal Topics
Identity and Nationality, Admissibility of New Evidence, Standard of Review, Credibility Assessment, Referral/remand Under IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Identity and Nationality Admissibility of New Evidence Standard of Review Credibility Assessment Referral/remand Under IRPA

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX

Minor Appellants

Richard Long

Respondent

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Appeal Redetermination / RAD Decision on Redetermination; Referral to RPD for Reconsideration

Legal Issues

  1. 1 Whether the Appellants' personal and national identities were established
  2. 2 Whether new evidence should be admitted on appeal
  3. 3 Proper standard of review for RAD determinations

Ratio Decidendi

On the full record, including the Minister's evidence and the Appellants' own humanitarian and compassionate application admitting Spanish citizenship, the RAD found the Appellants' personal and national identities established as Spanish citizens, admitted the new evidence, allowed the appeal in part and, because the RAD could not properly assess newly raised allegations of risk in Spain within its limited scope, referred the matter back to the RPD for redetermination by a differently constituted panel.

Court Disposition

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

Orders

  • Pursuant to paragraph 111(1)(c) of the IRPA the RAD refers the matter to the RPD for redetermination by a differently constituted panel
  • All prior decisions by the RPD, RAD and Federal Court are to form part of the RPD record