Canada Case Law

MB9-09089

Court

Refugee Appeal Division

The RPD breached natural justice by disclosing and relying on a medical certificate from another refugee protection claim without making reasonable efforts to notify the other claimant and without satisfying rule 21(5) safeguards, creating an appearance of bias that vitiates the decision; the remaining reasons were insufficient to uphold the verdict, so the RPD determination is set aside and the matter is referred for de novo redetermination with strict adherence to disclosure rules.

Source excerpt

• Natural justice
• Procedural fairness
• Credibility assessment
• Disclosure of evidence from other claims
• Referral for redetermination
• Particular social group - women

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Trboljevac v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court allowed judicial review, finding the RPD breached procedural fairness by refusing to accept documents at the hearing without considering its discretion to admit them.

• Adjournment
• Admissibility of evidence
• Natural justice
• Duty of procedural fairness
• Irpa s.170 discretion
• Rpd rules compliance

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TB8-25000

Court

Refugee Appeal Division

The RAD allowed the appeal because the RPD breached procedural fairness by failing to permit the appellant's same‑sex partner to testify or to inquire into the deficient witness notice under Rule 44(5), depriving the Appellants of relevant evidence on the central credibility issue; the error was material and required referral to the RPD for redetermination under IRPA s.111(1)(c).

Source excerpt

• Credibility
• Witness testimony
• Natural justice
• Redetermination
• Rpd rules compliance
• Sexual orientation persecution

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Parveen v. Canada (Citizenship and Immigration)

Court

Federal Court

Judicial review of an RPD abandonment finding dismissed. The Court held the applicant’s medical evidence was insufficient, the credibility findings were reasonable, and no procedural unfairness or bias was shown.

• Abandonment of proceeding
• Medical evidence requirements
• Credibility and diligence
• Reasonable apprehension of bias
• Rpd rules compliance
• Written reasons

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Octave v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court set aside the Refugee Protection Division’s abandonment decision, finding it unreasonable because it focused too narrowly on deficient medical notes.

• Abandonment of refugee claim
• Adjournment
• Medical evidence requirements
• Standard of review
• Procedural fairness
• Rpd rules compliance

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Shuaib v. Canada (Citizenship and Immigration)

Court

Federal Court

Federal Court judicial review of a refugee decision was allowed because the Board ignored post-hearing documents that could have affected the credibility finding.

• Credibility assessment
• Post-hearing evidence
• Remittal
• Rpd rules compliance
• Procedural-fairness
• Judicial-review

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Mercado v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of an RPD refugee decision, upholding the adverse credibility findings and the refusal to admit late documentary evidence.

• Credibility assessment
• Documentary evidence
• Admission of evidence after hearing
• Standard of review
• Natural justice
• Rpd rules compliance

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