MB4-00592

MB4-00592

The bailiff's report (Feb 7, 2014) and the father's letter (Feb 11, 2014) are admissible under s.110(4) IRPA, are credible, relevant and material, and they undermine key RPD findings that the father's situation was a non-political crime; in light of these documents the RPD decision is no longer within a range of reasonable outcomes and must be set aside and referred to the RPD for re-determination, while RAD declines to hold a hearing because state protection and IFA were not addressed below.

Citation
MB4-00592
Parties
Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 May 2014
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal; Remitted to RPD for Re Determination
Outcome
Appeal allowed; RPD determination set aside; matter referred to the RPD for re-determination
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Procedural Fairness, Standard of Review (reasonableness), Internal Flight Alternative, State Protection, Remittal for Redetermination
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Procedural Fairness Standard of Review (reasonableness) Internal Flight Alternative +2 more

Case Brief

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Parties

XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal; Remitted to RPD for Re Determination

Legal Issues

  1. 1 Whether the RPD erred in assessing the appellant's credibility
  2. 2 Whether documents met s.110(4) IRPA for admissibility on appeal
  3. 3 Whether admissible new evidence raised issues warranting a RAD hearing under s.110(6) IRPA

Ratio Decidendi

The bailiff's report (Feb 7, 2014) and the father's letter (Feb 11, 2014) are admissible under s.110(4) IRPA, are credible, relevant and material, and they undermine key RPD findings that the father's situation was a non-political crime; in light of these documents the RPD decision is no longer within a range of reasonable outcomes and must be set aside and referred to the RPD for re-determination, while RAD declines to hold a hearing because state protection and IFA were not addressed below.

Court Disposition

Appeal allowed; RPD determination set aside; matter referred to the RPD for re-determination

Orders

  • Appeal allowed
  • Determination of the Refugee Protection Division set aside