| Citation: |
Cuni v. Canada (Minister of Citizenship and Immigration), 2009 FC 1024, [2009] 4 F.C.R. D-9 |
IMM-1069-09 |
Citizenship and Immigration
Status in Canada
Convention Refugees
Judicial review of decision by Refugee Protection Division (RPD) of Immigration and Refugee Board rejecting application to reinstate refugee claim—Applicant, son arriving in Canada on June 28, 2008 from Kosovo, but husband turned back in London—RPD informing applicant that in order to leave Canada to be reunited with husband, she had to withdraw refugee claim, which she did—However, as applicant not possessing proper travel documents, not in position to join husband—Therefore seeking reinstatement of refugee claim—Refugee Protection Divisions Rules, SOR/2002-228, r. 53 providing that RPD must allow application to reinstate claim if it is established that there was a failure to observe a principle of natural justice, or if it is otherwise in the interests of justice to allow it—Applicant misled by RPD as she did not need to withdraw refugee claim—In the interests of justice that matter be sent back for redetermination, reinstatement—Application allowed.
Cuni v. Canada (Minister of Citizenship and Immigration) (IMM-1069-09, 2009 FC 1024, Harrington J., judgment dated October 13, 2009, 7 pp.)