TB3-00926

The claims were declared abandoned because the claimant failed to file Basis of Claim forms within the statutory 15-day deadline, provided insufficient medical evidence predating the deadline to justify an extension, did not request an extension under the Rules, and did not demonstrate due diligence or lack of available assistance.

Citation: TB3-00926
Parties: Claimant: XXXX XXXX XXXX; Minor Claimant: XXXXXXXX XXXX; Minor Claimant: XXXX XXXXXXXX XXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 1 March 2013
Procedural Posture: Refugee Protection Claim Failure to File Basis of Claim Forms / Decision on Abandonment for Failure to File Basis of Claim Forms
Outcome: Claims declared abandoned
Legal Topics: Abandonment, Basis of Claim Forms, Time Limits, Medical Incapacity, Procedural Fairness, Extensions
Source Language: English

Immigration Law Refugee Protection Abandonment Basis of Claim Forms Time Limits Medical Incapacity Procedural Fairness Extensions

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Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2

Parties

XXXX XXXX XXXX

Claimant

XXXXXXXX XXXX

Minor Claimant

XXXX XXXXXXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Failure to File Basis of Claim Forms / Decision on Abandonment for Failure to File Basis of Claim Forms

Legal Issues

1 Whether the claimant failed to file Basis of Claim forms within prescribed timeframe
2 Whether medical incapacity justified an extension or excused late filing
3 Whether the claimant exercised due diligence in pursuing the claim

Ratio Decidendi

Court Disposition

Claims declared abandoned

Orders

Claims of the principal claimant and her two minor children are declared abandoned
No extension for filing Basis of Claim forms is granted