TB0-16181

TB0-16181

The claim was declared abandoned because the claimant failed to pursue the claim with due diligence as shown by the three-year delay in making the claim, late filing of the PIF, failure to return the confirmation of readiness (mail returned), failure to attend the scheduled hearing, and the provision of an untimely and unauthenticated medical note; late filing of additional materials in breach of Rule 29 reinforced the finding of abandonment.

Citation
TB0-16181
Parties
Claimant: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 July 2011
Procedural Posture
Refugee Protection Abandonment (s.168(1) Irpa) / Decision on Abandonment/default for Failure to Attend Hearing
Outcome
Claim declared abandoned
Legal Topics
Abandonment, Failure to Attend, Due Diligence, Medical Evidence, Delay in Making Claim, Procedural Compliance
Source Language
English
Immigration Refugee Law Administrative Law Abandonment Failure to Attend Due Diligence Medical Evidence Delay in Making Claim +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Abandonment (s.168(1) Irpa) / Decision on Abandonment/default for Failure to Attend Hearing

Legal Issues

  1. 1 Whether the claim should be declared abandoned under s.168(1) IRPA and Rule 58
  2. 2 Whether the claimant pursued the claim with due diligence
  3. 3 Whether medical evidence justified non-attendance at the hearing

Ratio Decidendi

The claim was declared abandoned because the claimant failed to pursue the claim with due diligence as shown by the three-year delay in making the claim, late filing of the PIF, failure to return the confirmation of readiness (mail returned), failure to attend the scheduled hearing, and the provision of an untimely and unauthenticated medical note; late filing of additional materials in breach of Rule 29 reinforced the finding of abandonment.

Court Disposition

Claim declared abandoned

Orders

  • Claim declared abandoned pursuant to s.168(1) of the Immigration and Refugee Protection Act and Rule 58; proceedings terminated.