TC2-19547

TC2-19547

The appeal is allowed because the RPD failed to ensure adequate interpretation and to apply Guideline 8 accommodations for a vulnerable, illiterate appellant, producing a procedural fairness breach that rendered the credibility assessment of the critical 2017 birth certificate impossible; matter is remitted to the RPD for re-determination before a differently constituted panel with specified accommodations.

Citation
TC2-19547
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent / Minister: Minister of Immigration, Refugees and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 December 2023
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Decision on Appeal; Allowed and Remitted for Re Determination Before a Differently Constituted RPD Panel
Outcome
Appeal allowed; referred to the Refugee Protection Division for re-determination before a differently constituted panel.
Legal Topics
Vulnerability and Guideline 8, Quality of Interpretation, Credibility and Identity Evidence, Birth Certificate Authenticity, Designation of Representative, Remittal for Redetermination
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Vulnerability and Guideline 8 Quality of Interpretation Credibility and Identity Evidence Birth Certificate Authenticity +2 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Immigration, Refugees and Citizenship

Respondent / Minister

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Decision on Appeal; Allowed and Remitted for Re Determination Before a Differently Constituted RPD Panel

Legal Issues

  1. 1 Whether the RPD ensured adequate interpretation and communication accommodations
  2. 2 Whether Chairperson's Guideline 8 (vulnerable persons) should have been applied and a designated representative appointed
  3. 3 Whether the appellant proved identity and Sierra Leonean citizenship on a balance of probabilities given documentary and testimonial discrepancies

Ratio Decidendi

The appeal is allowed because the RPD failed to ensure adequate interpretation and to apply Guideline 8 accommodations for a vulnerable, illiterate appellant, producing a procedural fairness breach that rendered the credibility assessment of the critical 2017 birth certificate impossible; matter is remitted to the RPD for re-determination before a differently constituted panel with specified accommodations.

Court Disposition

Appeal allowed; referred to the Refugee Protection Division for re-determination before a differently constituted panel.

Orders

  • Refer matter to the RPD for re-determination before a differently constituted panel
  • Hold the hearing in person to facilitate non-verbal communication