TA8-07005

The claimant received the Confirmation of Readiness, failed to confirm readiness and failed to communicate with the RPD despite attempts by prior counsel and the Board; therefore the claim was in default and properly declared abandoned pursuant to subsection 168(1) IRPA (alternatively Rule 58(2)(a)).

Citation: TA8-07005
Parties: Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 22 May 2009
Procedural Posture: Refugee Protection Claim / Show Cause Hearing / Abandonment Decision
Outcome: Claim declared abandoned
Legal Topics: Abandonment, Show Cause, Procedural Fairness, Failure to Prosecute, Notice and Communication
Source Language: English

Immigration Law Refugee Law Administrative Law Abandonment Show Cause Procedural Fairness Failure to Prosecute Notice and Communication

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Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2

Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Show Cause Hearing / Abandonment Decision

Legal Issues

1 Whether the claim should be declared abandoned under subsection 168(1) of the Immigration and Refugee Protection Act
2 Whether the claimant was in default for failing to confirm readiness to proceed
3 Whether procedural fairness was satisfied given service/notice and language issues

Ratio Decidendi

Court Disposition

Claim declared abandoned

Orders

Claim declared abandoned pursuant to subsection 168(1) of the Immigration and Refugee Protection Act
Oral decision rendered May 22, 2009; written reasons provided August 14, 2009