TB4-07168
The appeal was dismissed because the appellants failed to perfect their appeal within the 30-day time limit prescribed by s.159.91(1)(b) of the IRPR and did not apply for an extension; absence of the Appellant's Record and no extension justified dismissal.
Source-derived case information.
- Citation
- TB4-07168
- Parties
- Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX; Designated Representative: Ose Erepo; Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 6 October 2014
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Appeal Dismissed for Lack of Perfection (appellant's Record Not Filed; No Extension Sought)
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Refugee Protection, Appeal Perfection, Time Limits for Appeals, Procedural Dismissal
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
XXXX XXXX XXXX
Appellant
Ose Erepo
Designated Representative
Minister
Respondent
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Appeal Dismissed for Lack of Perfection (appellant's Record Not Filed; No Extension Sought)
Legal Issues
- 1 Whether the appeal was perfected within the 30-day 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
- 3 Whether failure to perfect the appeal requires dismissal
Ratio Decidendi
The appeal was dismissed because the appellants failed to perfect their appeal within the 30-day time limit prescribed by s.159.91(1)(b) of the IRPR and did not apply for an extension; absence of the Appellant's Record and no extension justified dismissal.
Court Disposition
Appeal dismissed for lack of perfection
Orders
- Appeal dismissed for lack of perfection due to failure to file the Appellant's Record and no application for extension of time.
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