TB1-20158

TB1-20158

The application to re-open is denied because applicants failed to provide any explanation for their failure to appear at the abandonment hearing, there is no evidence that the Board committed any breach of procedural fairness or natural justice, and counsel's administrative error in failing to file forms does not demonstrate a breach by the Board.

Citation
TB1-20158
Parties
Claimant: XXXXXXXXXXXXX; Designated Representative: XXXXXXXXXX; Adjudicator: Diane L. Tinker; Counsel for Minister: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 February 2012
Procedural Posture
Refugee Protection Division Abandonment of Claim / Decision on Application to Re Open
Outcome
Application to re-open denied
Legal Topics
Application to Re Open, Abandonment of Claim, Failure to Appear, Natural Justice, Personal Information Form
Source Language
English
Immigration and Refugee Law Administrative Law Procedural Fairness Application to Re Open Abandonment of Claim Failure to Appear Natural Justice Personal Information Form

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Parties

XXXXXXXXXXXXX

Claimant

XXXXXXXXXX

Designated Representative

Diane L. Tinker

Adjudicator

N/A

Counsel for Minister

Procedural Posture

Refugee Protection Division Abandonment of Claim / Decision on Application to Re Open

Legal Issues

  1. 1 Whether the abandonment decision should be reopened
  2. 2 Whether the Board breached procedural fairness or natural justice in the abandonment hearing
  3. 3 Whether counsel's failure to file Personal Information Forms constitutes a breach by the Board

Ratio Decidendi

The application to re-open is denied because applicants failed to provide any explanation for their failure to appear at the abandonment hearing, there is no evidence that the Board committed any breach of procedural fairness or natural justice, and counsel's administrative error in failing to file forms does not demonstrate a breach by the Board.

Court Disposition

Application to re-open denied

Orders

  • Request to re-open denied