VB6-02258
The appeal was dismissed because the appellant failed to provide the Appellant's Record within the 30-day time limit mandated by subsection 159.91(1)(b) of the Regulations and subsection 3(5) of the RAD Rules, requiring dismissal for failure to perfect.
Source-derived case information.
- Citation
- VB6-02258
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 24 August 2016
- Procedural Posture
- Refugee Appeal / Decision on Failure to Perfect Appeal
- Outcome
- Appeal dismissed for failure to perfect within prescribed time
- Legal Topics
- Perfection of Appeal, Statutory Time Limits, Procedural Compliance, Refugee Appeal Division Rules
- 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 / Decision on Failure to Perfect Appeal
Legal Issues
- 1 Whether the appellant perfected the appeal within the statutory time limit
- 2 Application of subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subsection 3(5) of the Refugee Appeal Division Rules
- 3 Whether failure to perfect the appeal required dismissal
Ratio Decidendi
The appeal was dismissed because the appellant failed to provide the Appellant's Record within the 30-day time limit mandated by subsection 159.91(1)(b) of the Regulations and subsection 3(5) of the RAD Rules, requiring dismissal for failure to perfect.
Court Disposition
Appeal dismissed for failure to perfect within prescribed time
Orders
- The appeal is dismissed for failure to perfect by providing the Appellant's Record within the time prescribed by 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
The 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 : VB6-02258 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 August 24, 2016 Date de la décision Panel Douglas Fortney Tribunal Counsel for the person(s) who is(are) Jagsharan S. Mahal Conseil(s) du (de la/des) the subject of the appeal Barrister and Solicitor personne(s) en cause Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") 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 Cameroon, on July 13, 2016. The Notice of Appeal indicated that the appellant received the RPD reasons on July 2, 2016. [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" Douglas Fortney August 24, 2016 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 : VB6-02258