TB5-08900

TB5-08900

The RAD concluded the RPD relied on extrinsic country information that was not disclosed to the appellants, thereby breaching procedural fairness; as a result, the RAD referred the matter back to the RPD for re‑determination by a differently constituted panel pursuant to s.111(1)(c) IRPA.

Citation
TB5-08900
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 September 2015
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division; Decision to Refer Back to RPD for Redetermination
Outcome
Referred back to the Refugee Protection Division for re‑determination by a differently‑constituted panel pursuant to s.111(1)(c) IRPA.
Legal Topics
Internal Flight Alternative, Admissibility of New Evidence, Procedural Fairness and Disclosure, Use of Extrinsic Evidence, Referral for Redetermination
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Internal Flight Alternative Admissibility of New Evidence Procedural Fairness and Disclosure Use of Extrinsic Evidence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division; Decision to Refer Back to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD failed to analyse an internal flight alternative (IFA)
  2. 2 Whether the RPD improperly relied on extrinsic evidence not disclosed to the appellants
  3. 3 Whether new evidence submitted on appeal is admissible under s.110(4) IRPA and material to the claim

Ratio Decidendi

The RAD concluded the RPD relied on extrinsic country information that was not disclosed to the appellants, thereby breaching procedural fairness; as a result, the RAD referred the matter back to the RPD for re‑determination by a differently constituted panel pursuant to s.111(1)(c) IRPA.

Court Disposition

Referred back to the Refugee Protection Division for re‑determination by a differently‑constituted panel pursuant to s.111(1)(c) IRPA.

Orders

  • Refer the matter back to the Refugee Protection Division for re‑determination by a differently‑constituted panel.