TB5-00731

TB5-00731

The RAD accepted the new affidavit evidence as not reasonably available before the RPD under s.110(4) and s.110(6) but concluded the affidavit raised additional issues that could not be resolved in a limited oral hearing; because the RPD's adverse credibility finding concerning identity and allegedly fraudulent birth documentation cannot stand in light of the new evidence, the RAD referred the matter back to the RPD for re-determination by a differently-constituted panel under s.111(1)(c).

Citation
TB5-00731
Parties
Appellant: XXXX XXXX; Intervenor: Minister for Public Safety and Emergency Preparedness
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 April 2015
Procedural Posture
Refugee Appeal Under IRPA / Referral to RPD for Re Determination
Outcome
Referred to the Refugee Protection Division for re-determination by a differently-constituted panel under s.111(1)(c) of the IRPA
Legal Topics
Identity, Credibility, New Evidence, Exclusion (s.1 E), Standard of Review, Re Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Credibility New Evidence Exclusion (s.1 E) Standard of Review +1 more

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Parties

XXXX XXXX

Appellant

Minister for Public Safety and Emergency Preparedness

Intervenor

Procedural Posture

Refugee Appeal Under IRPA / Referral to RPD for Re Determination

Legal Issues

  1. 1 Whether the new evidence is admissible under s.110(4) and s.110(6) of the IRPA
  2. 2 Whether the new evidence raises a serious issue as to the Appellant's credibility or identity
  3. 3 Whether the RAD should hold an oral hearing under s.110(6)

Ratio Decidendi

The RAD accepted the new affidavit evidence as not reasonably available before the RPD under s.110(4) and s.110(6) but concluded the affidavit raised additional issues that could not be resolved in a limited oral hearing; because the RPD's adverse credibility finding concerning identity and allegedly fraudulent birth documentation cannot stand in light of the new evidence, the RAD referred the matter back to the RPD for re-determination by a differently-constituted panel under s.111(1)(c).

Court Disposition

Referred to the Refugee Protection Division for re-determination by a differently-constituted panel under s.111(1)(c) of the IRPA

Orders

  • New evidence accepted as having not been reasonably available to the RPD
  • RAD will not hold an oral hearing on the appeal