TB4-07770
The appeal is dismissed because the appellant failed to file the Appellant's Record by the 30‑day deadline and did not apply for an extension of time; non‑perfection mandates dismissal under the Regulations and RAD rules.
Source-derived case information.
- Citation
- TB4-07770
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 16 October 2014
- Procedural Posture
- Refugee Protection Appeal / Decision on Perfection of Appeal; Appeal Dismissed for Lack of Perfection
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limits to Perfect Appeal, Procedural Default, RAD Rule 3
- 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 Protection Appeal / Decision on Perfection of Appeal; Appeal Dismissed for Lack of Perfection
Legal Issues
- 1 Whether the appeal was perfected within the regulatory time limit
- 2 Whether an extension of time to perfect the appeal was sought or granted
- 3 Whether failure to file the Appellant's Record requires dismissal
Ratio Decidendi
The appeal is dismissed because the appellant failed to file the Appellant's Record by the 30‑day deadline and did not apply for an extension of time; non‑perfection mandates dismissal under the Regulations and RAD rules.
Court Disposition
Appeal dismissed for lack of perfection
Orders
- Appeal dismissed for lack of perfection for failure to perfect the appeal by filing the Appellant's Record and failure to apply for an extension of time.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB4-07770 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision October 16, 2014 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Patricia Ritter Barrister & Solicitor Conseil(s) du (de la/des) personne(s) en cause Designated Representative(s) N/A Représentant(e)(s) désigné(e)(s) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (RAD) received a Notice of Appeal from the decision of the Refugee Protection Division (RPD) in the claim of XXXX XXXX. [2] The Notice of Appeal was received by RAD on August 25, 2014, from the person who is the subject of appeal ("person"). According to the Notice of Appeal, the person is appealing a decision of the RPD dated August 6, 2014, with written reasons received by the person on August 10, 2014, rejecting his claim for refugee protection. [3] According to the RAD records, the RPD decision was dated August 6, 2014 and was deemed to be received by XXXX XXXX on August 13, 2014. [4] In accordance with the amended Immigration and Refugee Protection Regulations, section 159.91(1)(b) provides that the time limit for a person to perfect an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision. [5] The Appellant's Record was due to be received by the Division on or before September 12, 2014 and perfected in accordance with RAD Rule 3. To date, the Division has received neither the Appellant's Record nor an application for an extension of time to perfect an appeal from the person. [6] Therefore, the appeal is dismissed for lack of perfection. (signed) 'Ken Atkinson' Ken Atkinson October 16, 2014 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB4-07770