MB9-22644

MB9-22644

The appeal is allowed and the matter is remitted to the RPD because the RPD erred in failing to assess the authenticity of the two PSB documents in light of relevant NDP materials and failed to question the appellant about those documents; the application to admit six photographs is denied because the photographs...

Source-derived case information.

Citation
MB9-22644
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 July 2020
Procedural Posture
Refugee Appeal (rad) Under IRPA / Decision on Appeal; Remitted to RPD for Redetermination
Outcome
Appeal allowed and matter remitted to the RPD for redetermination by a differently constituted panel
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Sur Place Claim, Document Authenticity, Remand for Redetermination
Source Language
english
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Sur Place Claim Document Authenticity Remand for Redetermination

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Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal (rad) Under IRPA / Decision on Appeal; Remitted to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether two PSB documents (summons and notice of arrest) were properly assessed for authenticity
  3. 3 Whether photographs filed post hoc constitute new evidence under IRPA s.110(4) and RPD Rule 11

Ratio Decidendi

The appeal is allowed and the matter is remitted to the RPD because the RPD erred in failing to assess the authenticity of the two PSB documents in light of relevant NDP materials and failed to question the appellant about those documents; the application to admit six photographs is denied because the photographs predated the RPD decision and the appellant did not comply with Rule 11; no oral hearing is warranted absent new admissible evidence.

Court Disposition

Appeal allowed and matter remitted to the RPD for redetermination by a differently constituted panel

Orders

  • Appeal allowed
  • Matter remitted to the Refugee Protection Division for redetermination pursuant to IRPA s.111(1)(c)