TA7-01926

TA7-01926

Because the applicant acknowledged receipt of the Personal Information Form and instructions, the Board concluded there was no breach of natural justice in the Abandonment hearing and therefore dismissed the Application to Reopen.

Citation
TA7-01926
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 August 2007
Procedural Posture
Application to Reopen (abandonment) / Decision on Application to Reopen
Outcome
Application to Reopen dismissed; claim remains abandoned.
Legal Topics
Abandonment, Natural Justice, RPD Rules, Personal Information Form (pif), Reopening Applications
Source Language
English
Immigration Refugee Protection Administrative Law Abandonment Natural Justice RPD Rules Personal Information Form (pif) Reopening Applications

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Application to Reopen (abandonment) / Decision on Application to Reopen

Legal Issues

  1. 1 Whether the Abandonment proceedings breached principles of natural justice
  2. 2 Whether the claim can be reopened under RPD Rules ss. 44, 55 and 58
  3. 3 Whether the applicant received and failed to complete the Personal Information Form (PIF)

Ratio Decidendi

Because the applicant acknowledged receipt of the Personal Information Form and instructions, the Board concluded there was no breach of natural justice in the Abandonment hearing and therefore dismissed the Application to Reopen.

Court Disposition

Application to Reopen dismissed; claim remains abandoned.

Orders

  • Application to Reopen dismissed.
  • The prior decision declaring the claim abandoned remains in effect.