TA5-12656
The panel found notices were sent to the address on file, no evidence of a change of address or receipt of notice was provided by the claimant, and the claimant failed to return the Claimant's Reply Form; consequently there was no denial of natural justice and the application to reopen was denied.
- Citation
- TA5-12656
- Parties
- Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 30 August 2007
- Procedural Posture
- Application to Reopen (abandonment) / Decision on Application to Reopen
- Outcome
- Application to reopen denied; prior abandonment determination upheld
- Legal Topics
- Abandonment, Natural Justice, Notice to Appear, Change of Address, Reopening
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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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 Whether the claimant was denied natural justice in abandonment proceedings
- 2 Whether notice was properly sent to the address on file
- 3 Whether the claimant complied with the requirement to provide a Claimant's Reply Form
Ratio Decidendi
The panel found notices were sent to the address on file, no evidence of a change of address or receipt of notice was provided by the claimant, and the claimant failed to return the Claimant's Reply Form; consequently there was no denial of natural justice and the application to reopen was denied.
Court Disposition
Application to reopen denied; prior abandonment determination upheld
Orders
- Application to reopen is denied
Full Case Text
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