MB6-06486

MB6-06486

The extension of time was denied because the application failed to comply with Rule 6 (it lacked two copies of the appellant's record), and because the record was not perfected within the mandatory 30‑day period in s.159.91(1)(b) the appeal was dismissed.

Citation
MB6-06486
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 December 2016
Procedural Posture
Refugee Appeal Under Irpa/irpr / Decision on Application for Extension of Time and Dismissal for Failure to Perfect Record
Outcome
Application for extension of time denied; appeal dismissed for failure to perfect record within statutory time limit.
Legal Topics
Extension of Time, Perfection of Record, Statutory Time Limits, Procedural Compliance, Refugee Appeal Division Rules, IRPR S.159.91
Source Language
English
Immigration Law Refugee Law Administrative Law Extension of Time Perfection of Record Statutory Time Limits Procedural Compliance Refugee Appeal Division Rules +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal Under Irpa/irpr / Decision on Application for Extension of Time and Dismissal for Failure to Perfect Record

Legal Issues

  1. 1 Whether an extension of time to perfect the appeal should be granted despite non‑compliance with Rule 6
  2. 2 Whether the appeal must be dismissed for failure to perfect the record within the time limit set out in s.159.91(1)(b) of the IRPR

Ratio Decidendi

The extension of time was denied because the application failed to comply with Rule 6 (it lacked two copies of the appellant's record), and because the record was not perfected within the mandatory 30‑day period in s.159.91(1)(b) the appeal was dismissed.

Court Disposition

Application for extension of time denied; appeal dismissed for failure to perfect record within statutory time limit.

Orders

  • Application for an extension of time is denied
  • Appeal dismissed for failure to perfect the record within the time limit set out in s.159.91(1)(b) of the IRPR