TA6-07958

TA6-07958

Because the PIF deadline expired, proper notice was served, no extension was requested, Legal Aid had not been approved, and counsel did not demonstrate due diligence, the claimant's failure to file the PIF constituted abandonment of the claim under s.168(1) IRPA.

Citation
TA6-07958
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent/adjudicator: Immigration and Refugee Board (Refugee Protection Division)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 August 2006
Procedural Posture
Convention Refugee Claim Abandonment (failure to File Personal Information Form) / Abandonment Hearing and Decision (oral Decision August 2, 2006; Written Reasons October 12, 2006)
Outcome
Claim abandoned pursuant to section 168(1) of the Immigration and Refugee Protection Act
Legal Topics
Abandonment of Claim, Personal Information Form (pif) Filing, Legal Aid, Counsel Negligence/duty of Diligence, Notice and Service, Extension of Time
Source Language
English
Immigration Law Refugee Law Administrative Law Abandonment of Claim Personal Information Form (pif) Filing Legal Aid Counsel Negligence/duty of Diligence Notice and Service +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Immigration and Refugee Board (Refugee Protection Division)

Respondent/adjudicator

Procedural Posture

Convention Refugee Claim Abandonment (failure to File Personal Information Form) / Abandonment Hearing and Decision (oral Decision August 2, 2006; Written Reasons October 12, 2006)

Legal Issues

  1. 1 Whether the claimant abandoned her refugee claim by failing to file the PIF by the deadline
  2. 2 Whether the claimant's reliance on counsel or pending Legal Aid approval excuses the late filing
  3. 3 Whether proper notice was given to the claimant

Ratio Decidendi

Because the PIF deadline expired, proper notice was served, no extension was requested, Legal Aid had not been approved, and counsel did not demonstrate due diligence, the claimant's failure to file the PIF constituted abandonment of the claim under s.168(1) IRPA.

Court Disposition

Claim abandoned pursuant to section 168(1) of the Immigration and Refugee Protection Act

Orders

  • Claim abandoned; no extension of time granted
  • No further orders recorded