TB5-14302
Because the Minister (appellant) failed to file the Appellant's Record within the statutory 30‑day period and did not seek an extension, the appeal was dismissed for lack of perfection.
Source-derived case information.
- Citation
- TB5-14302
- Parties
- Appellant: Minister of Citizenship and Immigration; Respondent: XXXX XXXX XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 16 February 2016
- Procedural Posture
- Refugee Appeal (rad) / Perfection Stage; Appeal Dismissed for Lack of Perfection
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limits, Procedural Default
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister of Citizenship and Immigration
Appellant
XXXX XXXX XXXX XXXX
Respondent
Procedural Posture
Refugee Appeal (rad) / Perfection Stage; Appeal Dismissed for Lack of Perfection
Legal Issues
- 1 Whether the appellant perfected the appeal within the 30‑day time limit under the Regulations
- 2 Whether an extension of time to perfect the appeal was sought or granted
- 3 Whether the appeal must be dismissed for lack of perfection
Ratio Decidendi
Because the Minister (appellant) failed to file the Appellant's Record within the statutory 30‑day period and did not seek an extension, the appeal was dismissed for lack of perfection.
Court Disposition
Appeal dismissed for lack of perfection
Orders
- Appeal dismissed for lack of perfection
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB5-14302 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX XXXX Personne(s) en cause Appeal considered Toronto, Ontario Appel instruit à Date of decision February 16, 2016 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal N/A Conseil(s) du (de la/des) personne(s) en cause Designated Representative(s) N/A Représentant(e)(s) désigné(e)(s) Counsel for the Minister Dana Rudiak Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (RAD) received a Notice of Appeal from the decision of the Refugee Protection Division (RPD) in the claim of XXXX XXXX XXXX. [2] The Notice of Appeal was received by the RAD on December 29, 2015, from the Minister of Citizenship and Immigration (the "Minister"). According to the Notice of Appeal, the Minister is appealing a decision of the RPD dated December 3, 2015, with written reasons deemed to be received by the Minister on December 14, 2015, accepting XXXX XXXX XXXX claim for refugee protection. [3] According to the RAD records, the RPD decision was dated December 7, 2015 and was deemed to be received by the Minister on December 14, 2015. [4] In accordance with the amended Immigration and Refugee Protection Regulations, section 159.91(1)(b) provides that the time limit for a person or the Minister to perfect an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision. [5] The Appellant's Record was due to be received by the Division on or before January 13, 2016 and perfected in accordance with RAD Rule 3. To date, the Division has received neither the Appellant's Record nor an application for an extension of time to perfect an appeal from the Minister. [6] Therefore, the appeal is dismissed for lack of perfection. (signed) "Deborah Morrish" Deborah Morrish February 16, 2016 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-14302