VB4-02496
The appeal was dismissed because the appellant did not provide the Appellant's Record within the 30‑day period required by subsection 159.91(1)(b) IRPR and subsection 3(5) of the RAD Rules, and therefore failed to perfect the appeal.
Source-derived case information.
- Citation
- VB4-02496
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 26 September 2014
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Decision on Failure to Perfect Appeal / Dismissal
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Perfection, Time Limits, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Failure to Perfect Appeal / Dismissal
Legal Issues
- 1 Whether the appellant perfected the appeal by filing the Appellant's Record within the prescribed time
- 2 Whether failure to perfect an appeal under s.159.91(1)(b) IRPR and RAD Rules s.3(5) mandates dismissal
Ratio Decidendi
The appeal was dismissed because the appellant did not provide the Appellant's Record within the 30‑day period required by subsection 159.91(1)(b) IRPR and subsection 3(5) of the RAD Rules, and therefore failed to perfect the appeal.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed for failure to perfect by providing the Appellant's Record within the prescribed time under subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subsection 3(5) of the Refugee Appeal Division Rules.
Full Case Text
Judgment text and source record
1 paragraphs
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 : VB4-02496 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) XXXX XXXX Personne(s) en cause the subject of the appeal Appeal considered / heard at Appel instruit à Date of decision September 26, 2014 Date de la décision Panel Tribunal Counsel for the person(s) who is(are) Hart Kaminker Conseil(s) du (de la/des) the subject of the appeal Barrister and Solicitor personne(s) en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division received a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX (the "appellant"), a national of China, on August 18, 2014. The Notice of Appeal indicated that the appellant received the RPD reasons on August 6, 2014. [2] The appeal is dismissed because the appellant failed to perfect his appeal by providing the Appellant's Record within the prescribed time required by subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations (the "Regulations")1 and subsection 3(5) of the Refugee Appeal Division Rules.2 Subsection 159.91(1)(b) of the Regulations provides that the time limit to perfect the appeal is 30 days after the day on which the appellant receives written reasons for the RPD decision. (signed) "Douglas Fortney" September 26, 2014 Date 1 Immigration and Refugee Protection Regulations, SOR/2002-227. 2 Refugee Appeal Division Rules, SOR/2012-257. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB4-02496