VA2-01049

VA2-01049

The claim was declared abandoned because the claimant failed to file the PIF within the mandatory 28-day period and did not obtain an extension; awaiting POE notes did not excuse the delay and the claimant did not take sufficient steps to prosecute the claim, therefore abandonment under s.168 IRPA and RPD Rule 58 was justified.

Citation
VA2-01049
Parties
Claimant: XXXXXXXXX; Decision Maker: Refugee Protection Division / Immigration and Refugee Board
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 July 2002
Procedural Posture
Refugee Claim Abandonment Proceeding / Abandonment Hearing and Decision
Outcome
Claim declared abandoned
Legal Topics
Abandonment, Personal Information Form (pif) Deadlines, Extensions of Time, Port of Entry Notes, Procedure
Source Language
English
Immigration Law Refugee Law Administrative Law Abandonment Personal Information Form (pif) Deadlines Extensions of Time Port of Entry Notes Procedure

Case Brief

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Parties

XXXXXXXXX

Claimant

Refugee Protection Division / Immigration and Refugee Board

Decision Maker

Procedural Posture

Refugee Claim Abandonment Proceeding / Abandonment Hearing and Decision

Legal Issues

  1. 1 Whether the claimant abandoned his refugee claim by failing to file the Personal Information Form within the mandatory timeframe
  2. 2 Whether awaiting Port of Entry (POE) notes justified late filing or entitled claimant to an automatic extension
  3. 3 Whether the claimant prosecuted the claim with sufficient vigour

Ratio Decidendi

The claim was declared abandoned because the claimant failed to file the PIF within the mandatory 28-day period and did not obtain an extension; awaiting POE notes did not excuse the delay and the claimant did not take sufficient steps to prosecute the claim, therefore abandonment under s.168 IRPA and RPD Rule 58 was justified.

Court Disposition

Claim declared abandoned

Orders

  • Claim of XXXXXXXXX declared abandoned pursuant to Section 168 of the Immigration and Refugee Protection Act and RPD Rule 58