MB6-02219

MB6-02219

The RAD granted the extension because the appellant demonstrated a continuing intention to pursue the appeal by timely filing the record and promptly applying for an extension upon learning of the missing notice, provided a reasonable explanation for the delay (alleged counsel filing without stamped receipt), and there was no prejudice to the Minister; accordingly the appellant's record was accepted and the appeal perfected on April 29, 2016.

Citation
MB6-02219
Parties
Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 April 2016
Procedural Posture
Refugee Appeal Application for Extension of Time to File and Perfect Appeal / Preliminary Application; Record Perfected
Outcome
Application allowed; extension of time granted and appellant's record considered perfected.
Legal Topics
Extension of Time, Procedural Fairness, Natural Justice, Appeal Deadlines
Source Language
English
Immigration Refugee Law Administrative Law Extension of Time Procedural Fairness Natural Justice Appeal Deadlines

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Parties

XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal Application for Extension of Time to File and Perfect Appeal / Preliminary Application; Record Perfected

Legal Issues

  1. 1 Whether to extend time to file the notice of appeal under s.159.91 IRPR
  2. 2 Whether the appellant demonstrated continuing intention to pursue the appeal and provided a reasonable explanation for the delay
  3. 3 Whether granting an extension would cause prejudice to the Minister

Ratio Decidendi

The RAD granted the extension because the appellant demonstrated a continuing intention to pursue the appeal by timely filing the record and promptly applying for an extension upon learning of the missing notice, provided a reasonable explanation for the delay (alleged counsel filing without stamped receipt), and there was no prejudice to the Minister; accordingly the appellant's record was accepted and the appeal perfected on April 29, 2016.

Court Disposition

Application allowed; extension of time granted and appellant's record considered perfected.

Orders

  • Application for an extension of time to file the notice of appeal is allowed.
  • The appellant's record submitted on April 27, 2016 is accepted and the appeal is considered perfected on April 29, 2016.