TA8-02820

TA8-02820

On the balance of probabilities the evidence (clinic receipts, copy of prescription, requisition) established attendance at a clinic but did not establish inability to attend the scheduled non‑adversarial hearing; back‑to‑work/back‑to‑school notes and an unverified prescription copy were insufficient corroboration. Therefore there was no reasonable cause for absence and the claims are abandoned.

Citation
TA8-02820
Parties
Claimant: XXXX XXXX; Claimant: XXXXXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 May 2012
Procedural Posture
Refugee Protection Show Cause Hearing / Decision on Show Cause and Abandonment of Claims
Outcome
Claims determined to be abandoned
Legal Topics
Show Cause, Failure to Appear, Medical Documentation, Interpreter Services, Abandonment of Claim
Source Language
English
Immigration Refugee Law Administrative Law Evidence Show Cause Failure to Appear Medical Documentation Interpreter Services +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

XXXXXXXX XXXX

Claimant

Procedural Posture

Refugee Protection Show Cause Hearing / Decision on Show Cause and Abandonment of Claims

Legal Issues

  1. 1 Whether the claimants had reasonable cause for absence on April 12, 2012
  2. 2 Whether the medical documentation provided was adequate to justify non‑attendance
  3. 3 Whether the failure to appear amounted to abandonment of the refugee claims

Ratio Decidendi

On the balance of probabilities the evidence (clinic receipts, copy of prescription, requisition) established attendance at a clinic but did not establish inability to attend the scheduled non‑adversarial hearing; back‑to‑work/back‑to‑school notes and an unverified prescription copy were insufficient corroboration. Therefore there was no reasonable cause for absence and the claims are abandoned.

Court Disposition

Claims determined to be abandoned

Orders

  • The claims of XXXX XXXX, XXXXXXXX XXXX, XXXXXXXX XXXX and XXXXXXXX XXXX are determined to be abandoned.
  • Request for change of interpreter denied.