MB4-01943
The appeal is dismissed because the appellant failed to perfect the appeal by submitting the required record and documents within the 30‑day statutory period; the RAD did not receive the record by the deadline and therefore dismissed the appeal.
Source-derived case information.
- Citation
- MB4-01943
- Parties
- Appellant: XXXX XXXX; Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 25 June 2014
- Procedural Posture
- Refugee Protection Appeal to Refugee Appeal Division / Dismissal for Failure to Perfect Appeal
- Outcome
- Appeal dismissed for failure to perfect
- Legal Topics
- Time Limits, Perfection of Appeal, Refugee Appeal Division Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
Minister
Respondent
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Dismissal for Failure to Perfect Appeal
Legal Issues
- 1 Whether the appeal was perfected within the statutory time limit under the Regulations
- 2 Whether the RAD must dismiss an appeal that has not been perfected in accordance with its Rules
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal by submitting the required record and documents within the 30‑day statutory period; the RAD did not receive the record by the deadline and therefore dismissed the appeal.
Court Disposition
Appeal dismissed for failure to perfect
Orders
- The appeal is dismissed because it was not perfected.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / No de dossier de la SAR : MB4-01943 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 / heard at Montréal, Quebec Appel instruit à Date of decision June 25, 2014 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person who is the subject of the appeal François Jean-Denis Conseil de la personne en cause Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] On May 16, 2014, the Refugee Appeal Division (RAD) received a notice of appeal regarding a decision rendered by the Refugee Protection Division (RPD) in the refugee protection claim filed by XXXX XXXX (the "appellant"). The notice of appeal states that the appellant is being represented by Francois Jean-Denis. [2] The appellant is appealing an RPD decision dated April 22, 2014, with written reasons deemed to have been received on April 29, 2014, rejecting her 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 May 14, 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] Therefore, the appeal is dismissed because it was not perfected. Diane Sokolyk Me Diane Sokolyk June 25, 2014 Date IRB Translation Original language: French 1 RAD File No. / No de dossier de la SAR : MB4-01943