MB4-04858
The appeal was dismissed because the appellant failed to perfect the appeal by submitting the record within the 30-day time limit under paragraph 159.91(1)(b) IRPR and in accordance with RAD Rule 3.
Source-derived case information.
- Citation
- MB4-04858
- Parties
- Appellant: XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 23 January 2015
- Procedural Posture
- Refugee Protection Appeal / Dismissed for Failure to Perfect Appeal
- Outcome
- Appeal dismissed for failure to perfect
- Legal Topics
- Appeal Time Limit, Perfection of Appeal, Procedural Dismissal, Refugee Protection Decision
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
Procedural Posture
Refugee Protection Appeal / Dismissed for Failure to Perfect Appeal
Legal Issues
- 1 Was the appeal perfected within the regulatory time limit?
- 2 Whether failure to perfect an appeal mandates dismissal
Ratio Decidendi
The appeal was dismissed because the appellant failed to perfect the appeal by submitting the record within the 30-day time limit under paragraph 159.91(1)(b) IRPR and in accordance with RAD Rule 3.
Court Disposition
Appeal dismissed for failure to perfect
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
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 : MB4-04858 Private Proceeding / Huis clos Reasons and Decision ? Motifs et décision Person who is the subject of the appeal XXXX XXXX Personne en cause Appeal considered at Montréal, Quebec Appel instruit à Date of decision January 23, 2015 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person who is the subject of the appeal N/A Conseil de la personne en cause Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] On November 25, 2014, the Refugee Appeal Division (RAD) received a notice of appeal regarding the decision rendered by the Refugee Protection Division (RPD) in the claim for refugee protection filed by XXXX XXXX (the appellant). The notice of appeal indicates that the appellant is not represented. [2] The appellant is appealing against the RPD decision dated November 13, 2014, with written reasons deemed to have been received on November 20, 2014, rejecting his claim for refugee protection. [3] In accordance with paragraph 159.91(1)(b) of the amended Immigration and Refugee Protection Regulations, the time limit for a person or the Minister to perfect an appeal against a decision of the RPD is 30 days after the day on which the person or the Minister receives written reasons for the decision. [4] The appellant's record should have been received by the RAD on or before December 20, 2014, and the appeal perfected in accordance with rule 3 of the Refugee Appeal Division Rules. To date, the RAD has not received any further documents from the appellant. [5] Consequently, the appeal is dismissed because it was not perfected. Diane Sokolyk Me Diane Sokolyk January 23, 2015 Date IRB translation Original language: French RAD File No. / N° de dossier de la SAR : MB4-04858 2 RAD.25.02 (2014.09.11) Disponible en français