MB3-02375

MB3-02375

The appeal was dismissed because the appellant did not provide the required record within the 30‑day period specified by the regulations, and the RAD had not received the record as of the decision date.

Citation
MB3-02375
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 August 2013
Procedural Posture
Refugee Protection Appeal (rad) / Appeal Filed; Record Not Received; Appeal Dismissed for Failure to Perfect Within Regulatory Period
Outcome
Appeal dismissed
Legal Topics
Timeliness, Appeal Perfection Requirements, Procedural Default, Regulatory Compliance
Source Language
English
Immigration Law Refugee Law Administrative Law Timeliness Appeal Perfection Requirements Procedural Default Regulatory Compliance

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal (rad) / Appeal Filed; Record Not Received; Appeal Dismissed for Failure to Perfect Within Regulatory Period

Legal Issues

  1. 1 Whether the appellant perfected the appeal by submitting the record within 30 days of receipt of reasons
  2. 2 Whether failure to provide the record within the regulatory timeframe mandates dismissal of the appeal

Ratio Decidendi

The appeal was dismissed because the appellant did not provide the required record within the 30‑day period specified by the regulations, and the RAD had not received the record as of the decision date.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed for failure to perfect within 30 days of receipt of reasons; appellant's record not received by RAD as of August 12, 2013.