TB5-05582

TB5-05582

The RAD allowed the appeal and, having found the RPD erred by failing to independently assess the claimant's supporting documents and by relying on unsupported credibility conclusions, referred the matter to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) of IRPA because unresolved credibility issues precluded substitution of the RPD's decision.

Citation
TB5-05582
Parties
Appellant: XXXX XXXX; First Minor Appellant: XXXX XXXX; Second Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 August 2015
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division; Matter Referred for Redetermination to RPD
Outcome
Appeal allowed; RPD decision set aside in part and matter referred to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) of IRPA
Legal Topics
Credibility Assessment, Documentary Evidence, Referral for Redetermination, Standard of Review, Forced Abortion/sterilization, Family Planning Policy
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Documentary Evidence Referral for Redetermination Standard of Review Forced Abortion/sterilization +1 more

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX

First Minor Appellant

XXXX XXXX

Second Minor Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division; Matter Referred for Redetermination to RPD

Legal Issues

  1. 1 Whether the RPD erred in assessing the credibility and genuineness of the claimant's supporting documents
  2. 2 Whether the RAD should substitute the RPD decision or refer the matter back under s.111(1)(c) of IRPA
  3. 3 Whether the evidence establishes Convention refugee or person in need of protection

Ratio Decidendi

The RAD allowed the appeal and, having found the RPD erred by failing to independently assess the claimant's supporting documents and by relying on unsupported credibility conclusions, referred the matter to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) of IRPA because unresolved credibility issues precluded substitution of the RPD's decision.

Court Disposition

Appeal allowed; RPD decision set aside in part and matter referred to the RPD for redetermination by a differently constituted panel pursuant to s.111(1)(c) of IRPA

Orders

  • Refer the matter to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to s.111(1)(c) of IRPA
  • Do not substitute a determination; RAD declines to find the appellants Convention refugees or persons in need of protection due to unresolved credibility issues