The analysis used by the Refugee Appeal Division (RAD) to hear appeals has not been set out clearly by the Immigration and Refugee Protection Act (IRPA). The standard of review used by the RAD is a hot topic of discussion. The recent X (Re) (2015 CanLII 34100) decision provides a good discussion about the role of the RAD.
The Federal Court has stated that the Parliament has conferred appellate functions on the RAD. The RAD has the authority to investigate the facts, analyze the merits of appeals, and determine whether the RPD’s decision is reasonable or not.
RPD is viewed to also serve the purpose of a trier of fact. However, RAD is given the power to make its own assessment of the evidence and to determine if the RPD misinterpreted the facts. The RAD determines if the RPD made a palpable and overriding error.
The RPD may substitute its own determination for that of the RPD by conducting its own analysis of the appeal record. The RAD is not restricted to intervening only in the event of an error. With regard to errors of law, the RAD applies the correctness standard of review.
https://www.canlii.org/en/ca/irb/doc/2015/2015canlii34100/2015canlii34100.html