TA1-19009

TA1-19009

The application to reopen was dismissed because the claimant's unexplained failure to return the Claimant's Reply Form, the late attempt to change the hearing date, the unexplained timing of the conflict and the nearly two month delay in applying to reopen demonstrate a lack of diligence and do not establish a denial of natural justice warranting reopening.

Citation
TA1-19009
Parties
Claimant: XXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 September 2003
Procedural Posture
Application to Reopen Refugee Claim / Decision on Application to Reopen (abandonment Declared)
Outcome
Application to reopen rejected; claim remains abandoned
Legal Topics
Abandonment, Natural Justice, Reopening, Delay, Diligence, Adjournment
Source Language
English
Immigration Refugee Law Administrative Law Procedural Fairness Abandonment Natural Justice Reopening Delay +2 more

Case Brief

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Parties

XXXXXXXXXXXXXX

Claimant

Procedural Posture

Application to Reopen Refugee Claim / Decision on Application to Reopen (abandonment Declared)

Legal Issues

  1. 1 Whether there was a failure to observe a principle of natural justice warranting reopening
  2. 2 Whether claimant's failure to return the Claimant's Reply Form and other defaults constituted abandonment
  3. 3 Whether claimant's asserted inability to attend due to an Ontario Provincial Court conflict justified the default

Ratio Decidendi

The application to reopen was dismissed because the claimant's unexplained failure to return the Claimant's Reply Form, the late attempt to change the hearing date, the unexplained timing of the conflict and the nearly two month delay in applying to reopen demonstrate a lack of diligence and do not establish a denial of natural justice warranting reopening.

Court Disposition

Application to reopen rejected; claim remains abandoned

Orders

  • Application to reopen dismissed
  • Claim remains declared abandoned