TB6-17101

TB6-17101

Because the RPD re-opened the claim and thereby granted the relief the appellant sought, the appeal no longer presented a live controversy and the RAD dismissed it as moot.

Source-derived case information.

Citation
TB6-17101
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 March 2017
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (mootness/dismissal)
Outcome
Appeal dismissed as moot
Legal Topics
Mootness, Reopening, Appeal Dismissal, Procedural Posture
Source Language
english
Immigration Refugee Law Administrative Law Mootness Reopening Appeal Dismissal Procedural Posture

Source-derived case record

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (mootness/dismissal)

Legal Issues

  1. 1 Whether the appeal is moot following the RPD's decision to re-open the claim
  2. 2 Whether the RAD should dismiss an appeal as moot when the requested relief has been obtained

Ratio Decidendi

Because the RPD re-opened the claim and thereby granted the relief the appellant sought, the appeal no longer presented a live controversy and the RAD dismissed it as moot.

Court Disposition

Appeal dismissed as moot

Orders

  • Appeal dismissed as moot.