TB7-22210

TB7-22210

The application to reopen is dismissed because there was no failure to observe a principle of natural justice: accredited interpreters were provided and the record shows the applicant indicated understanding; she received and signed written notice of BOC deadlines; and the psychological assessment did not establish that the applicant lacked the capacity to appreciate the nature of the proceedings at the initiation of her claim, so no procedural deficiency affected fairness.

Citation
TB7-22210
Parties
Claimant: XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 May 2018
Procedural Posture
Application to Reopen Refugee Claim (abandonment) / Decision on Application to Reopen Following Abandonment for Failure to File Basis of Claim and Failure to Appear at Special Hearing
Outcome
Application to reopen dismissed.
Legal Topics
Reopening, Abandonment, Basis of Claim (boc) Filing Requirements, Failure to Observe Natural Justice, Interpretation/language Assistance, Mental Health/fitness to Participate
Source Language
English
Refugee Law Administrative Law Immigration Law Procedural Fairness/natural Justice Reopening Abandonment Basis of Claim (boc) Filing Requirements Failure to Observe Natural Justice +2 more

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Parties

XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Application to Reopen Refugee Claim (abandonment) / Decision on Application to Reopen Following Abandonment for Failure to File Basis of Claim and Failure to Appear at Special Hearing

Legal Issues

  1. 1 Whether there was a failure to observe a principle of natural justice that warrants reopening under Rule 62(6)
  2. 2 Whether language/interpretation issues prevented meaningful participation
  3. 3 Whether the applicant's psychological condition prevented appreciation of proceedings and filing of the BOC

Ratio Decidendi

The application to reopen is dismissed because there was no failure to observe a principle of natural justice: accredited interpreters were provided and the record shows the applicant indicated understanding; she received and signed written notice of BOC deadlines; and the psychological assessment did not establish that the applicant lacked the capacity to appreciate the nature of the proceedings at the initiation of her claim, so no procedural deficiency affected fairness.

Court Disposition

Application to reopen dismissed.

Orders

  • Application to reopen dismissed.