TB1-17303

TB1-17303

The application to re-open is dismissed because the RPD complied with Rules 44 and 55 by sending required correspondence to the applicant's last known address, the applicant submitted an incomplete PIF and failed to correct it or seek joinder or attend the hearing, former counsel withdrew, and no persuasive explanation of a breach of natural justice was provided.

Citation
TB1-17303
Parties
Applicant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 July 2012
Procedural Posture
Refugee Protection Application to Re Open Following Abandonment / Decision on Application to Re Open
Outcome
Application to re-open dismissed; abandonment decision upheld.
Legal Topics
Abandonment, Personal Information Form, Natural Justice, Joinder, Failure to Appear, Procedural Fairness, Re Opening
Source Language
English
Immigration Refugee Law Administrative Law Abandonment Personal Information Form Natural Justice Joinder Failure to Appear +2 more

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Parties

XXXX XXXX

Applicant

Procedural Posture

Refugee Protection Application to Re Open Following Abandonment / Decision on Application to Re Open

Legal Issues

  1. 1 Whether there was a failure to observe a principle of natural justice under Rule 55
  2. 2 Whether the applicant provided a complete Personal Information Form and complied with directions
  3. 3 Whether the applicant sought joinder to family members' claims

Ratio Decidendi

The application to re-open is dismissed because the RPD complied with Rules 44 and 55 by sending required correspondence to the applicant's last known address, the applicant submitted an incomplete PIF and failed to correct it or seek joinder or attend the hearing, former counsel withdrew, and no persuasive explanation of a breach of natural justice was provided.

Court Disposition

Application to re-open dismissed; abandonment decision upheld.

Orders

  • Application to re-open dismissed
  • Abandonment decision of March 28, 2012 upheld