TA8-22400

The panel concluded the claimant failed to show cause because the medical evidence was not credible or timely and the claimant's conduct and inconsistent testimony evidenced failure to communicate and pursue the claim; therefore the claim was abandoned under RPD Rule 65.

Citation: TA8-22400
Parties: Claimant: XXXX XXXX; Counsel for Claimant: Lina Anani; Counsel for Minister: Pat Retsinas; Member: L. Favreau; Interpreter: Niloufar Yarmohammadi
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 4 March 2019
Procedural Posture: Refugee Protection Claim Show Cause/abandonment / Hearing and Decision on Abandonment
Outcome: Claim abandoned
Legal Topics: Abandonment, Credibility, Medical Certificate, Show Cause, Procedural Fairness
Source Language: English

Immigration Law Refugee Law Administrative Law Abandonment Credibility Medical Certificate Show Cause Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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

Parties

XXXX XXXX

Claimant

Lina Anani

Counsel for Claimant

Pat Retsinas

Counsel for Minister

L. Favreau

Member

Niloufar Yarmohammadi

Interpreter

Procedural Posture

Refugee Protection Claim Show Cause/abandonment / Hearing and Decision on Abandonment

Legal Issues

1 Whether the claimant's conduct amounted to an expression of intention to abandon the claim.
2 Whether the medical documentation was authentic and sufficient to justify non-attendance.
3 Whether the claimant timely communicated the reason for non-attendance.

Ratio Decidendi

Court Disposition

Claim abandoned

Orders

Claimant's refugee protection claim is abandoned under RPD Rule 65 and the claim is terminated.