MB8-19249

MB8-19249

The RAD allowed the appeal and remitted the matter to a differently constituted RPD panel because the new evidence filed on appeal undermined the RPD's determinative IFA finding and required re-questioning of the appellant and re-assessment of his testimony; the RAD could not confirm or substitute the RPD's determination without hearing that evidence.

Citation
MB8-19249
Parties
Appellant: XXXX XXXX; Intervener: Minister of Public Safety and Emergency Preparedness; Tribunal: Refugee Protection Division
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 April 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) Under the Immigration and Refugee Protection Act / Appeal Allowed and Remitted to a Differently Constituted Panel of the Refugee Protection Division for Re Determination
Outcome
Appeal allowed; matter referred to a differently constituted panel of the Refugee Protection Division for re-determination.
Legal Topics
Internal Flight Alternative, Credibility Assessment, Admissibility of New Evidence Under S.110(4) IRPA, Religious Persecution, Remittal for Re Determination
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Admissibility of New Evidence Under S.110(4) IRPA Religious Persecution Remittal for Re Determination

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Parties

XXXX XXXX

Appellant

Minister of Public Safety and Emergency Preparedness

Intervener

Refugee Protection Division

Tribunal

Procedural Posture

Refugee Appeal (refugee Appeal Division) Under the Immigration and Refugee Protection Act / Appeal Allowed and Remitted to a Differently Constituted Panel of the Refugee Protection Division for Re Determination

Legal Issues

  1. 1 Whether the RPD erred in finding an internal flight alternative (IFA) was available
  2. 2 Whether the appellant established a fear under s.96/97(1) IRPA of persecution as a Muslim
  3. 3 Whether evidence submitted on appeal met the s.110(4) IRPA threshold for new evidence

Ratio Decidendi

The RAD allowed the appeal and remitted the matter to a differently constituted RPD panel because the new evidence filed on appeal undermined the RPD's determinative IFA finding and required re-questioning of the appellant and re-assessment of his testimony; the RAD could not confirm or substitute the RPD's determination without hearing that evidence.

Court Disposition

Appeal allowed; matter referred to a differently constituted panel of the Refugee Protection Division for re-determination.

Orders

  • Appeal allowed
  • Matter referred to a differently constituted panel of the Refugee Protection Division for re-determination