TB4-11207

TB4-11207

RAD allowed the appeal in part and remitted the family planning portion to the RPD because the RPD erred in law by failing to consider and provide a credibility analysis on the female Appellant's specific fear of forced IUD insertion; RAD upheld the RPD's adverse credibility and findings on the Falun Gong claim and found no breach of procedural fairness in respect of the cited country documents because the relevant reports were in the record.

Citation
TB4-11207
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 February 2015
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division (rad); Family Planning Issues Remitted to RPD for Reconsideration by a Differently Constituted Panel
Outcome
Appeal allowed in part; family planning issues remitted to RPD for rehearing by a differently-constituted panel; Falun Gong findings of the RPD upheld.
Legal Topics
One Child Policy, Forced Abortion, Forced Sterilization, IUD Insertion, Falun Gong Persecution, Procedural Fairness, Standard of Review, Remittal
Source Language
English
Immigration Refugee Law Administrative Law One Child Policy Forced Abortion Forced Sterilization IUD Insertion Falun Gong Persecution +3 more

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division (rad); Family Planning Issues Remitted to RPD for Reconsideration by a Differently Constituted Panel

Legal Issues

  1. 1 Applicable standard of review for RAD appeals from RPD
  2. 2 Whether RPD failed to assess risk of forced insertion of an intra-uterine device (IUD)
  3. 3 Whether RPD breached procedural fairness by relying on evidence not disclosed or by miscitation

Ratio Decidendi

RAD allowed the appeal in part and remitted the family planning portion to the RPD because the RPD erred in law by failing to consider and provide a credibility analysis on the female Appellant's specific fear of forced IUD insertion; RAD upheld the RPD's adverse credibility and findings on the Falun Gong claim and found no breach of procedural fairness in respect of the cited country documents because the relevant reports were in the record.

Court Disposition

Appeal allowed in part; family planning issues remitted to RPD for rehearing by a differently-constituted panel; Falun Gong findings of the RPD upheld.

Orders

  • Allow appeal in part and remit the family planning portion of the claim to the Refugee Protection Division for reconsideration by a differently-constituted panel pursuant to section 111(1)(b) IRPA