CITIZENSHIP AND IMMIGRATION
Immigration Practice
Judicial review of Immigration and Refugee Board’s dismissal of applicant’s motion to reopen refugee claim— Claim previously declared abandoned in decision written on form letter reading “Your Application is Dismissed”—Member actually deciding case earlier and reasons reading “no breach of natural justice”—Applicant asking for reasons after receiving decision—Immigration and Refugee Protection Act, s. 169 providing reasons mandatory for final decisions— Whether decision not to reopen refugee claim declared abandoned is final or interlocutory—Decision not to reopen meaning determination of refugee claimant’s substantive rights will never be made and proceedings at end—Negative decision on motion to reopen final and reasons required by IRPA, s. 169(b)—On motion to reopen refugee claim, Board required, under Refugee Protection Division Rules, r. 55(4), to consider whether in refugee claim, decided or abandoned, there was failure to observe principle of natural justice—Although diligence in pursuing refugee claim relevant at abandonment hearing, irrelevant after refusal of leave to commence application for judicial review of abandonment decision— Motion to reopen cannot be used to argue issues arising during abandonment proceedings properly subject of application for leave—Sole issue on motion to reopen whether applicant received procedural fairness—Applicant’s motion listing ten grounds dealing with diligence, one ground purportedly dealing with natural justice but in fact reframing diligence issue—Adequacy and formality of reasons depending on circumstances of each case—Since practice to use form letter to convey decision, reasonable to require letter to contain decision and reasons in denials of motions to reopen—Reasons should demonstrate individual claimant’s concerns about failures of natural justice considered—In present case, no conduct amounting to breach of natural justice alleged— Reasons provided to applicant adequate in present case— Application dismissed—Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 169—Refugee Protection Division Rules, SOR/2002-228, r. 55(4).
Shahid v. Canada (Minister of Citizenship and Immigration) (IMM-6461-03, 2004 FC 1607, Simpson J., order dated 17/11/04, 7 pp.)