TA9-20136

TA9-20136

The Panel found that the claimant failed to attend scheduled hearings and did not provide timely or sufficient medical evidence or explanation, and that his counsel failed to appear; on the balance of probabilities the claimant did not demonstrate diligence or an intention to pursue the claim, and therefore the claim was properly declared abandoned under s.168(1) IRPA and Rule 58.

Citation
TA9-20136
Parties
Claimant: XXXXX XXXXX (a.k.a. XXXXX XXXXX); Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 January 2012
Procedural Posture
Refugee Protection Convention Refugee / Person in Need of Protection / Abandonment Determination / Decision
Outcome
Claim declared abandoned
Legal Topics
Abandonment, Procedural Fairness, Right to Counsel, Medical Evidence, Scheduling and Notice
Source Language
English
Immigration Law Refugee Law Administrative Law Abandonment Procedural Fairness Right to Counsel Medical Evidence Scheduling and Notice

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Parties

XXXXX XXXXX (a.k.a. XXXXX XXXXX)

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Convention Refugee / Person in Need of Protection / Abandonment Determination / Decision

Legal Issues

  1. 1 Whether the claimant abandoned his refugee claim under s.168(1) IRPA and Rule 58 of the RPD Rules
  2. 2 Whether late medical evidence justified non-attendance and rebutted abandonment
  3. 3 Whether counsel's absence relieved the claimant of the obligation to pursue the claim diligently

Ratio Decidendi

The Panel found that the claimant failed to attend scheduled hearings and did not provide timely or sufficient medical evidence or explanation, and that his counsel failed to appear; on the balance of probabilities the claimant did not demonstrate diligence or an intention to pursue the claim, and therefore the claim was properly declared abandoned under s.168(1) IRPA and Rule 58.

Court Disposition

Claim declared abandoned

Orders

  • Claim for Convention refugee and person in need of protection status declared abandoned
  • Proceedings terminated (claim abandoned)