TA2-10339

TA2-10339

The application to reopen was dismissed because the applicants waived any alleged unfairness by failing to object at the hearing, there was no medical diagnosis establishing incapacity or vulnerability to justify a different procedure, and Guideline 7 was found to be lawful and consistent with natural justice; therefore no breach of natural justice occurred and reopening is not warranted under s.55(4) RPD Rules.

Citation
TA2-10339
Parties
Applicant (principal): XXXXX XXXXX; Applicant: XXXXX XXXXX; Applicant: XXXXX XXXXX XXXXX (a.k.a. XXXXX XXXXX XXXXX)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 June 2007
Procedural Posture
Refugee Protection Application to Reopen / Decision on Motion to Reopen (dismissed)
Outcome
Application to reopen dismissed
Legal Topics
Reopening, Guideline 7, Order of Questioning, Waiver of Procedural Fairness, Evidence of Vulnerability
Source Language
English
Immigration Refugee Law Administrative Law Natural Justice Reopening Guideline 7 Order of Questioning Waiver of Procedural Fairness +1 more

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Parties

XXXXX XXXXX

Applicant (principal)

XXXXX XXXXX

Applicant

XXXXX XXXXX XXXXX (a.k.a. XXXXX XXXXX XXXXX)

Applicant

Procedural Posture

Refugee Protection Application to Reopen / Decision on Motion to Reopen (dismissed)

Legal Issues

  1. 1 Whether the Member fettered his discretion by leading questioning during the hearing
  2. 2 Whether the applicants waived any procedural fairness complaint by not objecting at the hearing
  3. 3 Whether the applicants produced medical evidence establishing vulnerability or inability to give evidence-in-chief

Ratio Decidendi

The application to reopen was dismissed because the applicants waived any alleged unfairness by failing to object at the hearing, there was no medical diagnosis establishing incapacity or vulnerability to justify a different procedure, and Guideline 7 was found to be lawful and consistent with natural justice; therefore no breach of natural justice occurred and reopening is not warranted under s.55(4) RPD Rules.

Court Disposition

Application to reopen dismissed

Orders

  • Application to reopen dismissed pursuant to section 55(4) of the Refugee Protection Division Rules