TA4-13874

TA4-13874

The RPD will not reopen the applicants' claims to admit new evidence or to reconsider credibility findings while a parallel Federal Court application for leave and judicial review is pending; Rule 55 allows reopening only where a breach of natural justice is shown, and questions of legal error or credibility are for the Federal Court to decide, so the request to proceed was denied and the application is held in abeyance pending the Federal Court decision.

Citation
TA4-13874
Parties
Claimant: XXXXXXXXXXX; Claimant: XXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 October 2005
Procedural Posture
Application to Reopen Under Rules 44 and 55, Refugee Protection Division / Interim Decision; Application to Reopen Held Pending Federal Court Decision on Leave/judicial Review
Outcome
Request to proceed with reopening denied; application to reopen held in abeyance pending the Federal Court's decision on the application for leave and, if granted, the judicial review.
Legal Topics
Reopening, Natural Justice, New Evidence, Jurisdiction, Abuse of Process, Multiplicity of Proceedings, Credibility Findings
Source Language
English
Immigration Refugee Law Administrative Law Judicial Review Practice and Procedure Reopening Natural Justice New Evidence +4 more

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Parties

XXXXXXXXXXX

Claimant

XXXXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Application to Reopen Under Rules 44 and 55, Refugee Protection Division / Interim Decision; Application to Reopen Held Pending Federal Court Decision on Leave/judicial Review

Legal Issues

  1. 1 Whether the RPD may reopen a finally decided refugee claim to admit new evidence while a parallel Federal Court application for leave/judicial review is pending
  2. 2 Whether the applicant established a breach of natural justice warranting reopening under RPD Rule 55
  3. 3 Whether an application to reopen in parallel with a Federal Court judicial review constitutes an abuse of process or risks multiplicity/conflicting decisions

Ratio Decidendi

The RPD will not reopen the applicants' claims to admit new evidence or to reconsider credibility findings while a parallel Federal Court application for leave and judicial review is pending; Rule 55 allows reopening only where a breach of natural justice is shown, and questions of legal error or credibility are for the Federal Court to decide, so the request to proceed was denied and the application is held in abeyance pending the Federal Court decision.

Court Disposition

Request to proceed with reopening denied; application to reopen held in abeyance pending the Federal Court's decision on the application for leave and, if granted, the judicial review.

Orders

  • Request to proceed forthwith denied.
  • Application to reopen held in abeyance until the Federal Court issues its decision on the application for leave and, if leave is granted, on the judicial review.