MB5-02058

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 : MB5-02058 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, QC Appel instruit à Date of decision August 5, 2015 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person who is the subject of the appeal Me Dorab Colah Conseil de la personne en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre Reasons and Decision for the Application for an Extension of Time to Perfect an Appeal [1] XXXX XXXX (the Appellant) appeals a decision of the Refugee Protection Division (RPD) rejecting his claim for refugee protection. The Notice of Appeal was received by the Refugee Appeal Division (RAD) on May 19, 2015. He is reputed to have received the reasons of the RPD on May 5, 2015. [2] Section 159.91(1) of the amended Immigration and Refugee Protection Regulations provides that the time limit for a person or the Minister to file an appeal is fifteen days after the day on which the RPD's reasons are reputed to be received, while the time limit to perfect an appeal is thirty days after the receipt of those reasons. As such, the appellant's appeal was to be perfected on or before June 6, 2015. [3] Counsel for the Appellant has filed an Application for an Extension of Time to Perfect an Appeal, which was received by the RAD on July 20, 2015, requesting 60 days delay. The issue raised by the counsel is that the Appellant's RPD hearing was held in French in Montreal, following which the Appellant then moved to Calgary and hired a counsel who does not speak French. All documents on the file, plus the CD, must be translated from French to English. Counsel advises that the process of translation has begun. New evidence may also be required. [4] The RAD replied on July 24, 2015 that pursuant to Rule 6, RAD rules, such a request cannot be considered until the Appellant's Record has been received by the RAD. [5] The Appellant's counsel wrote a second letter to the RAD on July 27, 2015 reiterating their client's position and again requesting that an extension of time be granted, prior to his filing the Appellant's Record. [6] The Minister has not responded to this Application. DETERMINATION OF THE APPLICATION [7] The RAD cannot make a decision on granting an extension of time until and unless the requirements of rule 6, RAD rules have been complied with. Rule 6 states as follows: Extension of Time 6. (1) Application for extension of time to file or perfect - A person who is the subject of an appeal who makes an application to the Division for an extension of the time to file or to perfect an appeal under the Regulations must do so in accordance with rule 37, except that the person must provide to the Division the original and a copy of the application. (2) Copy provided to Minister - The Division must provide a copy of an application under subrule (1) to the Minister without delay. (3) Content of application - The person who is the subject of the appeal must include in an application under subrule (1) (a) their name and telephone number, and an address where documents can be provided to them; (b) if represented by counsel, counsel's contact information and any limitations on counsel's retainer; (c) the identification number given by the Department of Citizenship and Immigration to them; and (d) the Refugee Protection Division file number, the date of the notice of decision relating to the decision being appealed and the date that they received the written reasons for the decision. (4) Accompanying documents - filing - An application for an extension of the time to file an appeal under subrule (1) must be accompanied by three copies of a written notice of appeal. (5) Accompanying documents - perfecting - An application for an extension of the time to perfect an appeal under subrule (1) must be accompanied by two copies of the appellant's record. (6) Application for extension of time to reply - A person who is the subject of an appeal may make an application to the Division for an extension of the time to reply to a Minister's intervention in accordance with rule 37. (7) Factors - reply - In deciding an application under subrule (6), the Division must consider any relevant factors, including (a) whether the application was made in a timely manner and the justification for any delay; (b) whether there is an arguable case; (c) prejudice to the Minister, if the application was granted; and (d) the nature and complexity of the appeal. (8) Notification of decision on application - The Division must without delay notify, in writing, both the person who is the subject of the appeal and the Minister of its decision with respect to an application under subrule (1) or (6). [8] Once the Appellant's Record has been received by the RAD, the RAD will consider all factors exposed by counsel for the Appellant. Diane Sokolyk Me Diane Sokolyk August 5, 2015 Date /dlg RAD.25.02 (2014.09.11) Disponible en français RAD File No. / N° de dossier de la SAR : MB5-02058 4