TA8-02780

TA8-02780

Although counsel demonstrated cause for the late filing of PIFs based on his illness, the claimants themselves failed to appear and offered no explanation or updated address; therefore, under s.168(1) IRPA the Board correctly declared the claims abandoned.

Citation
TA8-02780
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 March 2008
Procedural Posture
Refugee Protection Abandonment / Abandonment Hearing Decision Declaring Claims Abandoned
Outcome
Claims declared abandoned
Legal Topics
Abandonment, Personal Information Form, Filing, Laches, Failure to Appear
Source Language
English
Immigration Refugee Law Administrative Law Abandonment Personal Information Form Filing Laches Failure to Appear

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Abandonment / Abandonment Hearing Decision Declaring Claims Abandoned

Legal Issues

  1. 1 Whether the claimants' refugee claims should be declared abandoned under s.168(1) of the Immigration and Refugee Protection Act for failure to appear
  2. 2 Whether the late filing of Personal Information Forms (PIFs) by counsel constituted sufficient cause to prevent abandonment

Ratio Decidendi

Although counsel demonstrated cause for the late filing of PIFs based on his illness, the claimants themselves failed to appear and offered no explanation or updated address; therefore, under s.168(1) IRPA the Board correctly declared the claims abandoned.

Court Disposition

Claims declared abandoned

Orders

  • Pursuant to subsection 168(1) of the Immigration and Refugee Protection Act, the claims of the named claimants are declared abandoned.