TB3-06138
The RAD dismissed the appeal because the appellant failed to perfect the appeal within the statutory 30-day time limit under s.159.91(1)(b) IRPR and failed to comply with RAD Rule 3, leaving no perfected record for the Division to consider.
Source-derived case information.
- Citation
- TB3-06138
- Parties
- Appellant: XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 6 November 2013
- Procedural Posture
- Refugee Appeal to Refugee Appeal Division / Dismissed for Lack of Perfection
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Time Limit for Perfection, Perfection of Appeal, RAD Rule 3, Section 159.91(1)(b) IRPR
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Dismissed for Lack of Perfection
Legal Issues
- 1 Whether the appeal was perfected within the 30-day time limit under s.159.91(1)(b) of the Immigration and Refugee Protection Regulations
- 2 Whether the appellant complied with RAD Rule 3 by submitting the required record to perfect the appeal
Ratio Decidendi
The RAD dismissed the appeal because the appellant failed to perfect the appeal within the statutory 30-day time limit under s.159.91(1)(b) IRPR and failed to comply with RAD Rule 3, leaving no perfected record for the Division to consider.
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 : TB3-06138 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision November 6, 2013 Date de la décision Panel Edward Bosveld Tribunal Counsel for the person(s) who is(are)the subject of the appeal Melinda Gayda 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 AND DECISION [1] On September 6, 2013, the Refugee Appeal Division (RAD) received a Notice of Appeal from XXXX XXXX (the Appellant), who appeals a decision of the Refugee Protection Division (RPD) dated August 20, 2013. [2] Section 159.91(1)(b) of the amended Immigration and Refugee Protection Regulations provides that the time limit for a person or the Minister to perfect an appeal is thirty days after the day on which the person or the Minister receives written reasons for the RPD's decision. [3] According to the Notice of Appeal, the Appellant received the RPD's decision on August 22, 2013. As such, the Appellant's record was due to be received by the RAD on or before September 21, 2013 and perfected in accordance with RAD Rule 3. To date, the Division has not received any further documents from the Appellant. [4] This appeal is dismissed for lack of perfection. (signed) "Edward Bosveld" Edward Bosveld November 6, 2013 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB3-06138