VB6-00996
The RAD dismissed the appeal because the appellant failed to provide the Appellant's Record within the 30-day deadline set by s.159.91(1)(b) of the Immigration and Refugee Protection Regulations and the requirement in s.3(5) of the Refugee Appeal Division Rules, and therefore did not perfect the appeal.
Source-derived case information.
- Citation
- VB6-00996
- Parties
- Appellant: XXXX XXXX (also known as XXXX XXXX XXXX XXXX); Respondent: Minister (Immigration, Refugees and Citizenship Canada)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 18 August 2016
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Appeal Dismissed for Failure to Perfect; Decision Dated August 18, 2016
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Perfection, Time Limits, Refugee Appeal Division Rules, Immigration and Refugee Protection Regulations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX (also known as XXXX XXXX XXXX XXXX)
Appellant
Minister (Immigration, Refugees and Citizenship Canada)
Respondent
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Appeal Dismissed for Failure to Perfect; Decision Dated August 18, 2016
Legal Issues
- 1 Whether the appellant perfected the appeal within the 30-day time limit under s.159.91(1)(b) of the Immigration and Refugee Protection Regulations
- 2 Whether failure to provide the Appellant's Record within the prescribed time requires dismissal under Refugee Appeal Division Rules s.3(5)
Ratio Decidendi
The RAD dismissed the appeal because the appellant failed to provide the Appellant's Record within the 30-day deadline set by s.159.91(1)(b) of the Immigration and Refugee Protection Regulations and the requirement in s.3(5) of the Refugee Appeal Division Rules, and therefore did not perfect the appeal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed for failure to perfect under s.159.91(1)(b) of the Immigration and Refugee Protection Regulations and s.3(5) of the Refugee Appeal Division Rules; decision dated August 18, 2016.
Full Case Text
Judgment text and source record
1 paragraphs
The 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 : VB6-00996 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) XXXX XXXX Personne(s) en cause the subject of the appeal (Also Known As XXXX XXXX XXXX XXXX) Appeal considered / heard at Appel instruit à Date of decision August 18, 2016 Date de la décision Panel Rena Dhir Tribunal Counsel for the person(s) who is(are) N/A Conseil(s) du (de la/des) the subject of the appeal personne(s) en cause Représentant(e) désigné(e) N/A Counsel for the Minister Kamal Gill Conseil du minister (by submissions) REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") received a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX, also known as XXXX XXXX XXXX XXXX (the "appellant"), a national of Iraq, on March 31, 2016. The Notice of Appeal indicated that the appellant received the RPD reasons on March 24, 2016. [2] The appeal is dismissed because the appellant failed to perfect his appeal by providing the Appellant's Record within the prescribed time required by subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations (the "Regulations")1 and subsection 3(5) of the Refugee Appeal Division Rules.2 Subsection 159.91(1)(b) of the Regulations provides that the time limit to perfect the appeal is 30 days after the day on which the appellant receives written reasons for the RPD decision. (signed) "Rena Dhir" Rena Dhir August 18, 2016 Date 1 Immigration and Refugee Protection Regulations, SOR/2002-227. 2 Refugee Appeal Division Rules (SOR/2012-257). --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB6-00996