TB3-04034
The appeal was dismissed because the appellant failed to perfect the appeal by providing the record and required documents within the 30‑day time limit set by section 159.91(1)(b) of the IRPR and pursuant to RAD Rule 3, justifying dismissal for lack of perfection.
Source-derived case information.
- Citation
- TB3-04034
- Parties
- Appellant: XXXX XXXX (a.k.a. XXXX XXXX XXXX)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 17 July 2013
- Procedural Posture
- Refugee Appeal / Decision on Perfection; Appeal Dismissed for Lack of Perfection
- Outcome
- Appeal dismissed for lack of perfection.
- Legal Topics
- Perfection of Appeal, Time Limits, Procedural Requirements, RAD Rule 3, Section 159.91(1)(b)
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
XXXX XXXX (a.k.a. XXXX XXXX XXXX)
Appellant
Procedural Posture
Refugee Appeal / Decision on Perfection; Appeal Dismissed for Lack of Perfection
Legal Issues
- 1 Whether the appeal was perfected within the 30‑day time limit in s.159.91(1)(b)
- 2 Whether failure to file the record and required documents under RAD Rule 3 warrants dismissal for lack of perfection
Ratio Decidendi
The appeal was dismissed because the appellant failed to perfect the appeal by providing the record and required documents within the 30‑day time limit set by section 159.91(1)(b) of the IRPR and pursuant to RAD Rule 3, justifying dismissal 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 : TB3-04034 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX (a.k.a. XXXX XXXX XXXX) Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision July 17, 2013 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 XXXX (a.k.a. XXXX XXXX XXXX). [2] On June 14, 2013, the Division received a Notice of Appeal from the person who is the subject of appeal. According to the Notice of Appeal, the person is appealing a decision of the RPD dated June 5, 2013, with written reasons received on June 10, 2013, rejecting her claim for refugee protection. [3] 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. [4] The person's record was due to be received by the Division on or before July 10, 2013 and perfected in accordance with RAD Rule 3. To date, the Division has not received any further documents from the persons. [5] Therefore, the appeal is dismissed for lack of perfection. (signed) "Ken Atkinson" Ken Atkinson July 17, 2013 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB3-04034