MB6-02772

MB6-02772

The application to reopen is dismissed because the applicants failed to establish any failure to observe a principle of natural justice as required by subrule 49(6); the stated delay due to voluminous records did not amount to a breach and the RAD's timing in dismissing the appeal was not hasty.

Citation
MB6-02772
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Person Who Is the Subject of the Appeal: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister (respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 August 2016
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Application to Reopen After Appeal Dismissed for Failure to Perfect the Record Within Time Limit
Outcome
Application to reopen dismissed.
Legal Topics
Reopening, Natural Justice, Time Limits for Perfection of Appeal, Procedural Fairness
Source Language
English
Immigration Law Refugee Law Administrative Law Reopening Natural Justice Time Limits for Perfection of Appeal Procedural Fairness

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Parties

XXXX XXXX XXXX

Person Who Is the Subject of the Appeal

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Person Who Is the Subject of the Appeal

Minister (respondent)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Application to Reopen After Appeal Dismissed for Failure to Perfect the Record Within Time Limit

Legal Issues

  1. 1 Whether the RAD may reopen the appeal under subrule 49(6) for an alleged failure to observe a principle of natural justice
  2. 2 Whether delay in perfecting the record due to a large volume of material justifies reopening

Ratio Decidendi

The application to reopen is dismissed because the applicants failed to establish any failure to observe a principle of natural justice as required by subrule 49(6); the stated delay due to voluminous records did not amount to a breach and the RAD's timing in dismissing the appeal was not hasty.

Court Disposition

Application to reopen dismissed.

Orders

  • Application to reopen is dismissed.