TA3-18587

TA3-18587

The panel failed to consider the claimant's readiness to proceed as required by RPD Rule 58(3), which constituted a denial of natural justice; accordingly, under RPD Rule 55(4) the application to re-open must be allowed and the abandonment hearing re-opened.

Citation
TA3-18587
Parties
Applicant: XXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 April 2005
Procedural Posture
Application to Re Open Abandonment (show Cause) Hearing / Decision on Application to Re Open Under RPD Rule 55(4)
Outcome
Application to re-open allowed; abandonment (show cause) hearing re-opened.
Legal Topics
Reopening, Abandonment, Natural Justice, Procedural Fairness, Statutory Interpretation
Source Language
English
Immigration Law Refugee Law Administrative Law Reopening Abandonment Natural Justice Procedural Fairness Statutory Interpretation

Case Brief

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Parties

XXXXXXXX

Applicant

Minister

Respondent

Procedural Posture

Application to Re Open Abandonment (show Cause) Hearing / Decision on Application to Re Open Under RPD Rule 55(4)

Legal Issues

  1. 1 Whether the panel failed to consider the claimant's readiness to proceed as required by RPD Rule 58(3)
  2. 2 Whether that failure amounted to a denial of natural justice
  3. 3 Whether the application to re-open must be allowed under RPD Rule 55(4)

Ratio Decidendi

The panel failed to consider the claimant's readiness to proceed as required by RPD Rule 58(3), which constituted a denial of natural justice; accordingly, under RPD Rule 55(4) the application to re-open must be allowed and the abandonment hearing re-opened.

Court Disposition

Application to re-open allowed; abandonment (show cause) hearing re-opened.

Orders

  • The abandonment hearing (show cause) is to be re-opened.