MB4-00891

MB4-00891

The RAD found that the RPD breached the duty of procedural fairness by failing to determine and apply the vulnerable person guideline and to provide appropriate procedural accommodations before assessing credibility; the RPD's credibility findings were therefore vitiated and the matter was set aside and referred to a differently constituted RPD panel for redetermination.

Citation
MB4-00891
Parties
Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 May 2014
Procedural Posture
Refugee Protection Appeal (rad) / Decision on Appeal; Referral to RPD for Redetermination
Outcome
Appeal allowed; RPD determination set aside and matter referred to a differently constituted RPD panel for re-determination
Legal Topics
Vulnerability, Credibility Assessment, Natural Justice, Standard of Review, Remedy: Referral
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Vulnerability Credibility Assessment Natural Justice Standard of Review +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal (rad) / Decision on Appeal; Referral to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD breached principles of natural justice
  2. 2 Whether the appellant should have been identified and accommodated as a vulnerable person
  3. 3 Whether the RPD erred in its assessment of the appellant's credibility

Ratio Decidendi

The RAD found that the RPD breached the duty of procedural fairness by failing to determine and apply the vulnerable person guideline and to provide appropriate procedural accommodations before assessing credibility; the RPD's credibility findings were therefore vitiated and the matter was set aside and referred to a differently constituted RPD panel for redetermination.

Court Disposition

Appeal allowed; RPD determination set aside and matter referred to a differently constituted RPD panel for re-determination

Orders

  • Appeal allowed
  • RPD decision set aside