TB1-02695

TB1-02695

The panel denied reinstatement because the applicants voluntarily signed withdrawal forms that were interpreted in Hungarian and had legal counsel, so there was no breach of natural justice under Rule 53 and no basis to reinstate the claims.

Citation
TB1-02695
Parties
Claimant: XXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 April 2012
Procedural Posture
Refugee Protection Application to Reinstate Withdrawn Claims / Decision on Application to Reinstate (dismissed)
Outcome
Request to reinstate dismissed
Legal Topics
Withdrawal of Claim, Reinstatement, Natural Justice, Refugee Protection Rules
Source Language
English
Refugee Law Administrative Law Immigration Law Withdrawal of Claim Reinstatement Natural Justice Refugee Protection Rules

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Parties

XXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Application to Reinstate Withdrawn Claims / Decision on Application to Reinstate (dismissed)

Legal Issues

  1. 1 Whether there was a failure to observe a principle of natural justice under Rule 53 of the Refugee Protection Rules allowing reinstatement
  2. 2 Whether the applicants' withdrawal was informed and voluntary given counsel and interpreter assistance

Ratio Decidendi

The panel denied reinstatement because the applicants voluntarily signed withdrawal forms that were interpreted in Hungarian and had legal counsel, so there was no breach of natural justice under Rule 53 and no basis to reinstate the claims.

Court Disposition

Request to reinstate dismissed

Orders

  • Application to reinstate withdrawn claims dismissed