VA2-02598

VA2-02598

There was no failure to observe a principle of natural justice in the proceedings; because RPD jurisdiction to re-open an abandoned claim is limited to cases of natural justice breaches (as codified in Rule 55 and grounded in common law), the panel lacked jurisdiction to re-open and the application is denied.

Citation
VA2-02598
Parties
Claimant: XXXXXXXX XXXXXX (a.k.a. XXXXXX XXXXXXXX); Claimant's Counsel: D. M. Bohbot; Panel/member: Paulah Dauns
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 March 2003
Procedural Posture
Re Opening Application of Abandoned Refugee Claim / Deemed Application Disposed Without Hearing; Re Opening Denied
Outcome
Application to re-open denied
Legal Topics
Re Opening, Abandonment, Natural Justice, Jurisdiction, Statutory Interpretation, RPD Rules, IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Re Opening Abandonment Natural Justice Jurisdiction Statutory Interpretation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

XXXXXXXX XXXXXX (a.k.a. XXXXXX XXXXXXXX)

Claimant

D. M. Bohbot

Claimant's Counsel

Paulah Dauns

Panel/member

Procedural Posture

Re Opening Application of Abandoned Refugee Claim / Deemed Application Disposed Without Hearing; Re Opening Denied

Legal Issues

  1. 1 Whether there was a breach of the rules/principles of natural justice
  2. 2 Whether the Refugee Protection Division has jurisdiction to re-open an abandoned claim other than for a breach of natural justice
  3. 3 Whether new evidence of identity/alternate claim justifies re-opening

Ratio Decidendi

There was no failure to observe a principle of natural justice in the proceedings; because RPD jurisdiction to re-open an abandoned claim is limited to cases of natural justice breaches (as codified in Rule 55 and grounded in common law), the panel lacked jurisdiction to re-open and the application is denied.

Court Disposition

Application to re-open denied

Orders

  • The deemed application to re-open the abandoned refugee claim is denied.