MB7-23103

MB7-23103

The application to reopen was allowed because the abandonment determination was rendered without effective notice to the applicants due to a mailing to a wrong address they had provided, which prevented them from being heard and therefore constituted a breach of natural justice permitting the RPD to reopen under rule 62 in the specific circumstances of the case.

Citation
MB7-23103
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 March 2018
Procedural Posture
Refugee Protection Abandonment Determination; Application to Reopen / Decision on Application to Reopen
Outcome
Application to reopen allowed
Legal Topics
Abandonment, Application to Reopen, Natural Justice, Notice, Basis of Claim Form (boc)
Source Language
English
Immigration Refugee Protection Administrative Law Abandonment Application to Reopen Natural Justice Notice Basis of Claim Form (boc)

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Abandonment Determination; Application to Reopen / Decision on Application to Reopen

Legal Issues

  1. 1 Whether the RPD breached natural justice by determining abandonment without applicants receiving notice
  2. 2 Whether the RPD may reopen its decision under rule 62 of the RPD Rules
  3. 3 Whether incorrect address information and counsel unavailability justify reopening

Ratio Decidendi

The application to reopen was allowed because the abandonment determination was rendered without effective notice to the applicants due to a mailing to a wrong address they had provided, which prevented them from being heard and therefore constituted a breach of natural justice permitting the RPD to reopen under rule 62 in the specific circumstances of the case.

Court Disposition

Application to reopen allowed

Orders

  • Application to reopen allowed
  • Prior abandonment determination set aside