MB4-00171

MB4-00171

The RAD allowed the appeal because the RPD committed unreasonable errors in assessing evidence on the IFA: the RPD failed to consider key documentary evidence demonstrating tenant registration requirements and inter-state police communication which undermined its conclusion that the appellant could safely relocate...

Source-derived case information.

Citation
MB4-00171
Parties
Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 March 2014
Procedural Posture
Refugee Appeal (rad Appeal Under Irpa) / Appeal Heard by Rad; Appeal Allowed, RPD Decision Set Aside and Matter Referred for Redetermination
Outcome
Appeal allowed; RPD decision set aside; matter referred for redetermination before a differently constituted panel
Legal Topics
Internal Flight Alternative, Credibility Assessment, Standard of Review Reasonableness, State Protection, Admissibility of New Evidence (subsection 110(4) and 110(6))
Source Language
english
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Standard of Review Reasonableness State Protection Admissibility of New Evidence (subsection 110(4) and 110(6))

Source-derived case record

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (rad Appeal Under Irpa) / Appeal Heard by Rad; Appeal Allowed, RPD Decision Set Aside and Matter Referred for Redetermination

Legal Issues

  1. 1 Whether the RPD unreasonably assessed evidence regarding an internal flight alternative (New Delhi)
  2. 2 Whether documentary evidence about tenant registration and police information-sharing undermines the RPD finding
  3. 3 Whether the RAD should defer to the RPD on credibility and factual findings or conduct a de novo review

Ratio Decidendi

The RAD allowed the appeal because the RPD committed unreasonable errors in assessing evidence on the IFA: the RPD failed to consider key documentary evidence demonstrating tenant registration requirements and inter-state police communication which undermined its conclusion that the appellant could safely relocate to New Delhi; because credibility and state protection require oral assessment by a decision-maker who heard the evidence, the appropriate remedy is to set aside the RPD determination and refer the matter to a differently constituted panel for redetermination taking into account all evidence.

Court Disposition

Appeal allowed; RPD decision set aside; matter referred for redetermination before a differently constituted panel

Orders

  • Appeal allowed
  • RPD determination set aside