TB4-04012
The appeal is dismissed because the appellant failed to perfect the appeal within the 30‑day time limit after receipt of written reasons and did not apply for an extension of time; dismissal is required under IRPR s.159.91(1)(b) and RAD Rule 3.
Source-derived case information.
- Citation
- TB4-04012
- Parties
- Appellant: XXX XXXX XXX; Respondent: Minister (Immigration, Refugees and Citizenship Canada)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 26 June 2014
- Procedural Posture
- Refugee Protection Appeal / Perfection (appeal Dismissed)
- Outcome
- appeal dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limits, Procedural Default, Notice of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXX XXXX XXX
Appellant
Minister (Immigration, Refugees and Citizenship Canada)
Respondent
Procedural Posture
Refugee Protection Appeal / Perfection (appeal Dismissed)
Legal Issues
- 1 whether the appeal was perfected within the applicable time limit
- 2 whether an extension of time to perfect the appeal was sought or warranted
- 3 application of IRPR s.159.91(1)(b) and RAD procedural rules (Rule 3)
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal within the 30‑day time limit after receipt of written reasons and did not apply for an extension of time; dismissal is required under IRPR s.159.91(1)(b) and RAD Rule 3.
Court Disposition
appeal dismissed for lack of perfection
Orders
- Appeal dismissed for failure to perfect within the prescribed time; no further relief granted.
Full Case Text
Judgment text and source record
1 paragraphs
Immigration and Refugee Board of Canada Refugee Appeal Division Commission de l'immigration et du statut de réfugié du Canada Section d'appel des réfugiés RAD File No. / N° de dossier de la SAR : TB4-04012 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXX XXXX XXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision June 26, 2014 Date de la décision Panel Ken Atkinson 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 N/A Conseil du (de la) 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 XXX XXXX. [2] The Notice of Appeal was received by RAD on May 1, 2014, from the person who is the subject of appeal ("person"). According to the Notice of Appeal, the person is appealing a decision of the RPD dated April 15, 2014, with written reasons received by the person on April 22, 2014,, rejecting claim for refugee protection. [3] According to the RAD records, the RPD decision was dated April 15, 2014 and was deemed to be received by XXXX XXX XXX on April 22, 2014. [4] In accordance with the amended Immigration and Refugee Protection Regulations, section 159.91(1)(b) provides that the time limit for a person 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 May 22, 2014 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 persons. [6] Therefore, the appeal is dismissed for lack of perfection. (signed) 'Ken Atkinson' Ken Atkinson June 26, 2014 Date RAD.25.02 (February 7, 2014) RAD File No. / N° de dossier de la SAR : TB4-04012