MB6-07893

MB6-07893

The RAD set aside the RPD decision because the RPD breached natural justice and procedural fairness by continuing the hearing despite evident and serious interpreter deficiencies that compromised the appellant's right to be heard; the matter is remitted for a new de novo hearing before a differently constituted panel with a competent interpreter.

Citation
MB6-07893
Parties
Appellant: Soumaila Sawadogo
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 July 2018
Procedural Posture
Refugee Protection Appeal / Decision on Appeal; Remitted to RPD for New Hearing
Outcome
Appeal allowed; RPD decision set aside and remitted for new hearing
Legal Topics
Procedural Fairness, Right to Interpreter, Natural Justice, Credibility Findings, Remedy Remittal
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Right to Interpreter Natural Justice Credibility Findings Remedy Remittal

Case Brief

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Parties

Soumaila Sawadogo

Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal; Remitted to RPD for New Hearing

Legal Issues

  1. 1 Whether the RPD breached procedural fairness by continuing the hearing despite evident interpreter problems
  2. 2 Whether poor interpretation rendered the hearing unfair and tainted credibility findings
  3. 3 Whether the RPD should have suspended the hearing and verified interpretation quality

Ratio Decidendi

The RAD set aside the RPD decision because the RPD breached natural justice and procedural fairness by continuing the hearing despite evident and serious interpreter deficiencies that compromised the appellant's right to be heard; the matter is remitted for a new de novo hearing before a differently constituted panel with a competent interpreter.

Court Disposition

Appeal allowed; RPD decision set aside and remitted for new hearing

Orders

  • Set aside the RPD determination that the appellant is not a Convention refugee or a person in need of protection
  • Refer the matter to the RPD for a de novo hearing before a differently constituted panel with a different interpreter