MB7-06091

MB7-06091

The application to reopen is dismissed because the applicant failed to establish a breach of natural justice: he did not notify the IRB of his change of address before the hearings (the record shows the change occurred after the hearings), his failure was negligent rather than an administrative error, and the RPD complied with procedural fairness; therefore rule 62 does not permit reopening.

Citation
MB7-06091
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 April 2018
Procedural Posture
Refugee Protection Application to Reopen / Decision on Application to Reopen (in Chambers)
Outcome
Application to reopen dismissed
Legal Topics
Abandonment, Change of Address, Natural Justice, RPD Rules Rule 62, Functus Officio
Source Language
English
Immigration Law Administrative Law Refugee Protection Abandonment Change of Address Natural Justice RPD Rules Rule 62 Functus Officio

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Application to Reopen / Decision on Application to Reopen (in Chambers)

Legal Issues

  1. 1 Whether there was a failure to observe a principle of natural justice justifying reopening under rule 62
  2. 2 Whether the applicant notified the IRB of his change of address prior to the hearings
  3. 3 Whether the applicant acted with diligence or negligently in failing to notify the IRB

Ratio Decidendi

The application to reopen is dismissed because the applicant failed to establish a breach of natural justice: he did not notify the IRB of his change of address before the hearings (the record shows the change occurred after the hearings), his failure was negligent rather than an administrative error, and the RPD complied with procedural fairness; therefore rule 62 does not permit reopening.

Court Disposition

Application to reopen dismissed

Orders

  • Application to reopen dismissed