[Immigration and Refugee Protection Act,
[Refugee Appeal Division Rules
, rule 46]
The Chairperson of the Immigration and Refugee Board of Canada (IRB) has ordered that the appeal before the Refugee Appeal Division (RAD) in RAD file no. TB6‑03419/20/21/22 be conducted before a panel of three members of the RAD.
In Canada (Citizenship and Immigration) v. Huruglica, 2016 FCA 93, the Federal Court of Appeal held that with respect to the Refugee Protection Division’s (RPD’s) findings of fact (or mixed fact and law), which involved no issue of credibility, the RAD ought to have applied the correctness standard of review to determine whether the RPD erred. The Court indicated, however, that there may be cases where the RPD enjoys a meaningful advantage over the RAD in making findings of fact or mixed fact and law because they required an assessment of the credibility or weight to be given to the oral evidence it hears. On this question, the Court stated: "The RAD should be given the opportunity to develop its own jurisprudence in that respect; there is thus no need for me to pigeon-hole the RAD to the level of deference owed in each case."
In the interest of developing a coherent national jurisprudence, the Chairperson of the IRB has ordered that the appeal before the RAD in this file be conducted before a panel of three members of the RAD so that the RAD may determine its role in an appeal where the RPD’s findings of fact (or mixed fact and law) involve an issue of credibility, including determining what level of deference, if any, is owed to the credibility findings made by the RPD.
Pursuant to rule 46(1) of the Refugee Appeal Division Rules, any person may make an application to the RAD to be allowed to participate in an appeal conducted by a three‑member panel. The person must make the application without delay and in accordance with rule 46 the Refugee Appeal Division Rules.
Such application must be provided to the RAD Registry office at the following address:
Central Region -- Toronto
74 Victoria Street, Suite 400
Toronto, Ontario M5C 3C7
Telephone: 416-954-1000 or 1-866-790-0581
June 22, 2016