TA2-13181

TA2-13181

The application to reinstate is denied because the claimant voluntarily withdrew her claim following advice of counsel of choice, the RPD lacks authority to rectify counsel/client matters, and allowing reinstatement for poor advice would be contrary to caveat emptor and unfairly delay other claimants.

Citation
TA2-13181
Parties
Claimant: XXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXX (a.k.a. XXXXXXXXXXXXX); Claimant: XXXXXXXXXXXXXXXXXXX; Designated Representative: XXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 January 2004
Procedural Posture
Application to Reinstate / Decision on Application to Reinstate
Outcome
Application denied
Legal Topics
Reinstatement, Withdrawal of Claim, Natural Justice, Legal Representation, Caveat Emptor
Source Language
English
Immigration Refugee Law Administrative Law Reinstatement Withdrawal of Claim Natural Justice Legal Representation Caveat Emptor

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Parties

XXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXX (a.k.a. XXXXXXXXXXXXX)

Claimant

XXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXX

Designated Representative

Procedural Posture

Application to Reinstate / Decision on Application to Reinstate

Legal Issues

  1. 1 Whether the withdrawn refugee claim should be reinstated
  2. 2 Whether the claimant was denied natural justice
  3. 3 Whether poor advice of counsel justifies reinstatement

Ratio Decidendi

The application to reinstate is denied because the claimant voluntarily withdrew her claim following advice of counsel of choice, the RPD lacks authority to rectify counsel/client matters, and allowing reinstatement for poor advice would be contrary to caveat emptor and unfairly delay other claimants.

Court Disposition

Application denied

Orders

  • The application to reinstate is denied.