VB9-10043

VB9-10043

The appeal is allowed because, based on the accepted medical/psychological assessment demonstrating the appellants' compromised functional capacity, it is more likely than not that they could not appreciate the nature of the RPD proceedings and the RPD failed to recognize their vulnerability and appoint a Designated Representative; this breach of natural justice requires remittal to the RPD for redetermination by a differently-constituted Panel.

Citation
VB9-10043
Parties
Principal Appellant: XXXX XXXX; Female Associate Appellant: XXXX XXXX; Associate Appellant (son): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 February 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Appeal Allowed and Remitted to Refugee Protection Division for Redetermination by a Differently Constituted Panel
Outcome
Appeal allowed; matter referred back to the Refugee Protection Division for redetermination by a differently-constituted Panel.
Legal Topics
Vulnerable Persons, Designated Representative, New Evidence, Remittal Under S.111(2), Competency/mental Health
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness/natural Justice Vulnerable Persons Designated Representative New Evidence Remittal Under S.111(2) +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Female Associate Appellant

XXXX XXXX

Associate Appellant (son)

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Appeal Allowed and Remitted to Refugee Protection Division for Redetermination by a Differently Constituted Panel

Legal Issues

  1. 1 Whether the RPD breached natural justice by failing to identify appellants as vulnerable and appoint a Designated Representative
  2. 2 Whether the medical/psychological assessment constitutes new, credible and relevant evidence
  3. 3 Whether the conditions for referral back to the RPD under subsection 111(2) were satisfied

Ratio Decidendi

The appeal is allowed because, based on the accepted medical/psychological assessment demonstrating the appellants' compromised functional capacity, it is more likely than not that they could not appreciate the nature of the RPD proceedings and the RPD failed to recognize their vulnerability and appoint a Designated Representative; this breach of natural justice requires remittal to the RPD for redetermination by a differently-constituted Panel.

Court Disposition

Appeal allowed; matter referred back to the Refugee Protection Division for redetermination by a differently-constituted Panel.

Orders

  • Appeal allowed.
  • New evidence presented on appeal accepted as relevant, credible and material.