TA9-23424

TA9-23424

The application was dismissed because the record shows the applicants voluntarily signed a withdrawal with interpreter confirmation, were advised by the co-ordinating member of the consequences, declined copies, there was no persuasive evidence that counsel-of-record had disappeared or that they were prevented from obtaining new counsel, and no medical evidence showed impaired capacity; therefore no failure to observe a principle of natural justice under Rule 53 was established.

Citation
TA9-23424
Parties
Claimant: XXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 February 2012
Procedural Posture
Reinstatement Application Under the Refugee Protection Rules / Decision on Application to Reinstate (in Chambers)
Outcome
Request to reinstate dismissed
Legal Topics
Reinstatement, Scheduling Conference, Withdrawal of Claim, Representation, Natural Justice
Source Language
English
Refugee Law Administrative Law Procedural Fairness Reinstatement Scheduling Conference Withdrawal of Claim Representation Natural Justice

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Parties

XXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXX

Claimant

Procedural Posture

Reinstatement Application Under the Refugee Protection Rules / Decision on Application to Reinstate (in Chambers)

Legal Issues

  1. 1 Whether the Board failed to observe a principle of natural justice under Rule 53
  2. 2 Whether the applicants' withdrawal of their refugee claims was valid and informed
  3. 3 Whether the applicants were prevented from obtaining or consulting counsel

Ratio Decidendi

The application was dismissed because the record shows the applicants voluntarily signed a withdrawal with interpreter confirmation, were advised by the co-ordinating member of the consequences, declined copies, there was no persuasive evidence that counsel-of-record had disappeared or that they were prevented from obtaining new counsel, and no medical evidence showed impaired capacity; therefore no failure to observe a principle of natural justice under Rule 53 was established.

Court Disposition

Request to reinstate dismissed

Orders

  • Application to reinstate the withdrawn claims dismissed; original withdrawal and resulting final decision stand