TB1-10802
The request to reopen is denied because the applicants failed to demonstrate a breach of natural justice and it is not otherwise in the interests of justice to reopen the abandoned claims; the Federal Court's dismissal of leave reinforces the Board's conclusion.
- Citation
- TB1-10802
- Parties
- Applicant: XXXX XXXX XXXX; Applicant: XXXXXXXX XXXX
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 14 December 2012
- Procedural Posture
- Refugee Protection — Application to Reopen / Decision on Third Application to Reopen
- Outcome
- Request to reopen denied
- Legal Topics
- Reopening, Natural Justice, Abandonment of Claims, Judicial Review
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX
Applicant
XXXXXXXX XXXX
Applicant
Procedural Posture
Refugee Protection — Application to Reopen / Decision on Third Application to Reopen
Legal Issues
- 1 Whether there was a breach of natural justice requiring reopening
- 2 Whether it is in the interests of justice to reopen abandoned claims
- 3 Whether the Board has jurisdiction to reopen for new facts
Ratio Decidendi
The request to reopen is denied because the applicants failed to demonstrate a breach of natural justice and it is not otherwise in the interests of justice to reopen the abandoned claims; the Federal Court's dismissal of leave reinforces the Board's conclusion.
Court Disposition
Request to reopen denied
Orders
- Request to reopen is denied.
Full Case Text
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