TB1-13142

TB1-13142

There was insufficient evidence of a failure to observe a principle of natural justice and it was not in the interests of justice to reopen the claim; furthermore the Refugee Appeal Division's final determination (May 30, 2014) barred reopening, therefore the application to reopen is denied.

Citation
TB1-13142
Parties
Claimant/asylum Claimant: XXXX XXXX XXXX (A.K.A. XXXX XXXX XXXX); Respondent/minister: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 July 2014
Procedural Posture
Refugee Protection Claim / Application to Re Open After Claim Declared Abandoned (rpd Rules 50 and 62)
Outcome
Application to re-open denied.
Legal Topics
Abandonment, Re Opening, Natural Justice, RPD Rules 50 and 62, Jurisdiction, Refugee Appeal Division Finality
Source Language
English
Immigration Law Refugee Law Administrative Law Abandonment Re Opening Natural Justice RPD Rules 50 and 62 Jurisdiction +1 more

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Parties

XXXX XXXX XXXX (A.K.A. XXXX XXXX XXXX)

Claimant/asylum Claimant

Minister (Canada)

Respondent/minister

Procedural Posture

Refugee Protection Claim / Application to Re Open After Claim Declared Abandoned (rpd Rules 50 and 62)

Legal Issues

  1. 1 Whether there was a failure to observe a principle of natural justice warranting reopening
  2. 2 Whether newly supplied medical evidence justifies reopening after abandonment
  3. 3 Whether a final determination by the Refugee Appeal Division bars reopening

Ratio Decidendi

There was insufficient evidence of a failure to observe a principle of natural justice and it was not in the interests of justice to reopen the claim; furthermore the Refugee Appeal Division's final determination (May 30, 2014) barred reopening, therefore the application to reopen is denied.

Court Disposition

Application to re-open denied.

Orders

  • Application to re-open denied.
  • Claim remains declared abandoned; Refugee Appeal Division dismissed the appeal for lack of jurisdiction on May 30, 2014.