TA5-04830

TA5-04830

Because the claimant refused to proceed and counsel failed to attend peremptory and show-cause dates demonstrating a lack of due diligence, the RPD properly declared the claim abandoned pursuant to section 168(1) and Rule 61.

Citation
TA5-04830
Parties
Claimant: XXXXX XXXXX; Former Counsel on Record: XXXXX XXXXX; Tribunal: Refugee Protection Division
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 August 2005
Procedural Posture
Convention Refugee / Protection Claim / Show Cause Hearing for Abandonment
Outcome
Claim declared abandoned
Legal Topics
Abandonment, Right to Counsel, Postponement, Due Diligence, Peremptory Date, Show Cause Hearing, Fast Track Policy
Source Language
English
Immigration Law Refugee Law Administrative Law Abandonment Right to Counsel Postponement Due Diligence Peremptory Date +2 more

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Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX

Former Counsel on Record

Refugee Protection Division

Tribunal

Procedural Posture

Convention Refugee / Protection Claim / Show Cause Hearing for Abandonment

Legal Issues

  1. 1 Whether the claim should be declared abandoned because the claimant refused to proceed
  2. 2 Whether counsel's failure to attend peremptory and show-cause dates justified abandonment
  3. 3 Whether the right to counsel prevents the Tribunal from declaring a claim abandoned

Ratio Decidendi

Because the claimant refused to proceed and counsel failed to attend peremptory and show-cause dates demonstrating a lack of due diligence, the RPD properly declared the claim abandoned pursuant to section 168(1) and Rule 61.

Court Disposition

Claim declared abandoned

Orders

  • Claim declared abandoned pursuant to section 168(1) of the Immigration and Refugee Protection Act and Rule 61 of the RPD Rules.