Counsel for the Applicants proposed three questions for certification: 1. Within the Refugee Appeal Division [RAD]’s statutory framework where the appeal proceeds on the basis of the Refugee Protection Division [RPD] record of the proceedings, what is the level of deference, if any, owed by the RAD to the RPD’s findings of fact or mixed fact and law? Page: 4 2. What is the scope of the Refugee Appeal Division’s review when considering an appeal of a decision of the Refugee Protection Division? 3. Does the duty of fairness require the Immigration and Refugee Board to supply an appellant to the Refugee Appeal Division a transcript of the hearing at the Refugee Protection Division where the appellant raises an issue which can be determined only on the basis of what was said at the hearing?
THIS COURT’S JUDGMENT is that this application is allowed, the decision of the RAD is quashed and the appeal is remitted back to be determined by a differently constituted panel, and the following question is certified: What is the scope of the Refugee Appeal Division’s review when
considering an appeal of a decision of the Refugee Protection Division?