TB5-04925
The appeal is dismissed because the appellant failed to perfect the appeal within the prescribed time and did not apply for an extension of time.
Source-derived case information.
- Citation
- TB5-04925
- Parties
- Appellant: XXXX XXXX (a.k.a. XXXX XXXX XXXX); Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 3 July 2015
- Procedural Posture
- Refugee Appeal / Notice of Appeal Received; Appeal Not Perfected
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limit, Refugee Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX (a.k.a. XXXX XXXX XXXX)
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal / Notice of Appeal Received; Appeal Not Perfected
Legal Issues
- 1 Whether the appeal was perfected within the required time limit under s.159.91(1)(b) of the Immigration and Refugee Protection Regulations
- 2 Whether an extension of time to perfect the appeal was sought or granted
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal within the prescribed time and did not apply for an extension of time.
Court Disposition
Appeal dismissed for lack of perfection
Orders
- This appeal is dismissed for lack of perfection.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB5-04925 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 3, 2015 Date de la décision Panel Edward Bosveld Tribunal Counsel for the person(s) who is(are)the subject of the appeal Bolanle Olusina Ogunleye 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 ministre REASONS FOR DECISION [1] On May 15, 2015, 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 (the Appellant.) [2] According to that Notice, the Appellant is appealing a decision of the RPD dated April 29, 2015 and received May 5, 2015, which rejects his claim for refugee protection. [3] Section 159.91(1)(b) of the amended Immigration and Refugee Protection Regulations 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. [4] The Appellant's record was due to be received by the Division on or before June 5, 2015, 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 this appeal. [5] This appeal is dismissed for lack of perfection. (signed) "Ed Bosveld" Ed Bosveld July 3, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-04925