TB6-06298

TB6-06298

The RAD found the RPD failed to properly weigh relevant factual evidence concerning the sterilization certificate and associated facts; because unresolved credibility and evidentiary issues prevented the RAD from substituting a final determination, the RAD allowed the appeal and referred the matter to the RPD for re-determination by a differently constituted panel pursuant to section 111(1)(c) IRPA.

Citation
TB6-06298
Parties
Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 August 2016
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division; Matter Referred to Refugee Protection Division for Re Determination
Outcome
Appeal allowed; matter referred to the Refugee Protection Division for re-determination by a differently-constituted panel pursuant to section 111(1)(c) of the Immigration and Refugee Protection Act.
Legal Topics
Forced Sterilization, Family Planning Policy, Credibility, Standard of Review, Re Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Forced Sterilization Family Planning Policy Credibility Standard of Review Re Determination

Case Brief

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Parties

XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division; Matter Referred to Refugee Protection Division for Re Determination

Legal Issues

  1. 1 Whether the RPD erred in its assessment of the sterilization certificate and supporting facts
  2. 2 Whether credibility findings were material to the protection claim
  3. 3 Appropriate standard of review for the RAD when reviewing RPD factual and mixed findings

Ratio Decidendi

The RAD found the RPD failed to properly weigh relevant factual evidence concerning the sterilization certificate and associated facts; because unresolved credibility and evidentiary issues prevented the RAD from substituting a final determination, the RAD allowed the appeal and referred the matter to the RPD for re-determination by a differently constituted panel pursuant to section 111(1)(c) IRPA.

Court Disposition

Appeal allowed; matter referred to the Refugee Protection Division for re-determination by a differently-constituted panel pursuant to section 111(1)(c) of the Immigration and Refugee Protection Act.

Orders

  • Refer matter to the Refugee Protection Division for re-determination by a differently-constituted panel pursuant to section 111(1)(c) of the Immigration and Refugee Protection Act