Section 164 — Proceedings in absence of party
Text of provision
Where a hearing is held by a Division, it may, in the Division’s discretion, be conducted in the presence of, or by a means of live telecommunication with, the person who is the subject of the proceedings.
Plain English
Section 164 provides that a division may proceed in the absence of any party to a proceeding if the division is satisfied that the party was notified of the proceeding and did not appear without a reasonable explanation. The division may make a decision without that party present.
In the refugee context, failure to attend a scheduled RPD hearing typically results in the claim being declared abandoned under s 168.
Practical effect
The absence provision prevents parties from delaying proceedings indefinitely by non-attendance. For refugee claimants, missing an RPD hearing without explanation is extremely serious — claims are typically abandoned, and the claimant becomes a failed refugee claimant subject to removal. Applications to reinstate an abandoned claim must demonstrate a reasonable explanation for the absence. Practitioners are required to advise clients of attendance obligations and the consequences of non-appearance.