TB9-18510

TB9-18510

The RAD allowed the appeal because the RPD committed procedural unfairness by failing to adequately explore determinative issues for a self‑represented claimant and by not offering the Appellant an opportunity to submit corroborating documentation after the hearing; this failure affected the Appellant's right to be heard and the credibility assessment, requiring remittance to the RPD for redetermination.

Citation
TB9-18510
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 July 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Appeal Allowed and Remitted to Refugee Protection Division for Redetermination
Outcome
Appeal allowed and matter remitted to the Refugee Protection Division for redetermination.
Legal Topics
Credibility Assessment, Corroborating Evidence, New Evidence on Appeal, Breach of Procedural Fairness, Remittance
Source Language
English
Immigration Refugee Law Administrative Law Procedural Fairness Natural Justice Credibility Assessment Corroborating Evidence New Evidence on Appeal +2 more

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Appeal Allowed and Remitted to Refugee Protection Division for Redetermination

Legal Issues

  1. 1 Whether the Appellant faces a risk of harm from cow protectionists because of his business/activities
  2. 2 Whether the Appellant faces a risk of harm because of his marriage and religious associations
  3. 3 Whether the Appellant faces a risk of harm because of his writings on sensitive religious and political issues

Ratio Decidendi

The RAD allowed the appeal because the RPD committed procedural unfairness by failing to adequately explore determinative issues for a self‑represented claimant and by not offering the Appellant an opportunity to submit corroborating documentation after the hearing; this failure affected the Appellant's right to be heard and the credibility assessment, requiring remittance to the RPD for redetermination.

Court Disposition

Appeal allowed and matter remitted to the Refugee Protection Division for redetermination.

Orders

  • Appeal allowed
  • Matter sent back to the Refugee Protection Division to be redetermined