VA9-04136

VA9-04136

Because the claimants repeatedly failed to comply with explicit RPD directions (including completing the Confirmation of Readiness and providing ordered medical reports), produced insufficient medical documentation at the deadline and two claimants failed to attend the peremptory hearing, the panel lawfully declared two claims abandoned; the third claimant who attended will have her claim rescheduled peremptorily. The refusal to adjourn did not breach natural justice in the circumstances.

Citation
VA9-04136
Parties
Claimant: XXXX XXXX; Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 March 2012
Procedural Posture
Refugee Protection Claim / Hearing and Oral Decision on Abandonment; Written Decision Issued
Outcome
Two claims declared abandoned; one claim preserved and rescheduled on a peremptory and urgent basis
Legal Topics
Abandonment, Adjournment/postponement, Procedural Fairness (natural Justice), Peremptory Scheduling, Medical Evidence Requirements
Source Language
English
Immigration Law Refugee Law Administrative Law Abandonment Adjournment/postponement Procedural Fairness (natural Justice) Peremptory Scheduling Medical Evidence Requirements

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Parties

XXXX XXXX

Claimant

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Hearing and Oral Decision on Abandonment; Written Decision Issued

Legal Issues

  1. 1 Whether the claimants abandoned their refugee claims by failing to comply with Board directions and by non-attendance
  2. 2 Whether requested postponements were supported by adequate medical evidence
  3. 3 Whether refusal to adjourn would breach natural justice

Ratio Decidendi

Because the claimants repeatedly failed to comply with explicit RPD directions (including completing the Confirmation of Readiness and providing ordered medical reports), produced insufficient medical documentation at the deadline and two claimants failed to attend the peremptory hearing, the panel lawfully declared two claims abandoned; the third claimant who attended will have her claim rescheduled peremptorily. The refusal to adjourn did not breach natural justice in the circumstances.

Court Disposition

Two claims declared abandoned; one claim preserved and rescheduled on a peremptory and urgent basis

Orders

  • Claims of XXXX XXXX XXXX and XXXX XXXX XXXX declared abandoned
  • Claim of XXXX XXXX rescheduled on a peremptory and urgent basis; referred to Scheduling Unit to set new hearing date