TB3-03829

TB3-03829

The RAD found the RPD's decision unreasonable because it made internally inconsistent findings, selectively disregarded relevant documentary evidence, erred in finding viable IFAs in Matabeleland/Bulawayo for an ethnic Shona claimant linked to a Caucasian MDC leader, and failed to adequately assess credibility;...

Source-derived case information.

Citation
TB3-03829
Parties
Appellant: XXXXX XXXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 September 2013
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal; Matter Referred Back to RPD for Re Determination
Outcome
Appeal allowed in part; matter referred back to the Refugee Protection Division for re-determination by a differently constituted panel pursuant to s.111(1)(c) IRPA
Legal Topics
Internal Flight Alternative, Credibility Assessment, Country Conditions, Political Opinion, Standard of Review, Weighing of Evidence, Procedural Fairness
Source Language
english
Immigration Refugee Law Administrative Law Human Rights Internal Flight Alternative Credibility Assessment Country Conditions Political Opinion +3 more

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Parties

XXXXX XXXXX

Appellant

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal; Matter Referred Back to RPD for Re Determination

Legal Issues

  1. 1 Whether the RPD applied a higher standard of proof than required by Adjei
  2. 2 Whether the RPD erred in its reasoning and selective treatment of documentary evidence
  3. 3 Whether an internal flight alternative in Matabeleland/Bulawayo was reasonable for an ethnic Shona claimant associated with a Caucasian MDC leader

Ratio Decidendi

The RAD found the RPD's decision unreasonable because it made internally inconsistent findings, selectively disregarded relevant documentary evidence, erred in finding viable IFAs in Matabeleland/Bulawayo for an ethnic Shona claimant linked to a Caucasian MDC leader, and failed to adequately assess credibility; accordingly the RAD allowed the appeal in part and referred the matter back to the RPD for de novo re-determination by a differently constituted panel under s.111(1)(c) IRPA.

Court Disposition

Appeal allowed in part; matter referred back to the Refugee Protection Division for re-determination by a differently constituted panel pursuant to s.111(1)(c) IRPA

Orders

  • Accept application for an extension of time to perfect the appeal
  • Refer the matter back to the RPD for re-determination de novo by a differently constituted panel