TB7-17359

TB7-17359

The RAD found the RPD committed a fatal error by basing its credibility rejection solely on the asserted implausibility that the appellant did not report extortion to police, without addressing the appellant's fear of corrupt retaliation and without considering documentary country evidence to the contrary; accordingly the RAD set aside the RPD decision and referred the matter back for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA.

Citation
TB7-17359
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 September 2018
Procedural Posture
Refugee Protection Appeal to RAD / Decision on Appeal; Referral Back to RPD for Redetermination
Outcome
appeal allowed; RPD decision set aside; matter referred back to RPD for redetermination by a differently-constituted panel
Legal Topics
Credibility Assessment, State Protection, Bias, Procedural Fairness, Referral for Redetermination
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment State Protection Bias Procedural Fairness Referral for Redetermination

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal to RAD / Decision on Appeal; Referral Back to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD erred by basing credibility on implausibility of not reporting to police without considering fear of corrupt state actors
  2. 2 Whether the RPD failed to consider documentary country evidence contradicting its findings on state protection
  3. 3 Whether the RPD displayed bias sufficient to vitiate its decision

Ratio Decidendi

The RAD found the RPD committed a fatal error by basing its credibility rejection solely on the asserted implausibility that the appellant did not report extortion to police, without addressing the appellant's fear of corrupt retaliation and without considering documentary country evidence to the contrary; accordingly the RAD set aside the RPD decision and referred the matter back for redetermination by a differently constituted panel pursuant to s.111(1)(c) IRPA.

Court Disposition

appeal allowed; RPD decision set aside; matter referred back to RPD for redetermination by a differently-constituted panel

Orders

  • Set aside the Refugee Protection Division determination and refer the matter back to the RPD for redetermination by a differently-constituted panel pursuant to s.111(1)(c) of the Immigration and Refugee Protection Act